Public Document Pack North Devon Council Brynsworthy Environment Centre Barnstaple North Devon EX31 3NP
K. Miles Chief Executive.
STRATEGY AND RESOURCES COMMITTEE
A meeting of the Strategy and Resources Committee will be held in the Barum Room - Brynsworthy on MONDAY, 6TH JANUARY, 2020 at 10.00 am.
(NOTE: A location plan for the Brynsworthy Environment Centre is attached to the agenda front pages. There are limited car parking spaces in the Visitors parking area. If no spaces are available, please find an alternative space. Please ensure that you enter your name and car registration details in the book in front of the entrance door)
Members of the Strategy and Resources Councillor Worden (Chair) Committee
Councillors Barker, Lane, Leaver, Lofthouse, Patrinos, Pearson, Prowse, L. Spear, Wilkinson and Yabsley
AGENDA
1. Apologies for absence
2. To approve as a correct record the minutes of the meeting held on 2nd December 2019 (attached). (Pages 7 - 12)
3. Items brought forward which in the opinion of the Chair should be considered by the meeting as a matter of urgency.
4. Declarations of Interests. (Please telephone the Corporate and Community Services team to prepare a form for your signature before the meeting. Interests must be re-declared when the item is called, and Councillors must leave the room if necessary).
5. To agree the agenda between Part 'A' and Part 'B' (Confidential Restricted Information).
PART 'A'
6. Batsworthy Cross Windfarm (Pages 13 - 16) Joint report by Head of Environmental Health and Housing Service and Service Lead Environmental Protection (attached).
7. Statement of Community Involvement (Pages 17 - 46) Report by Lead Officer (Planning Policy) (attached).
8. Supplementary Planning Documents (Pages 47 - 114) Report by Lead Officer Planning Policy (attached).
9. Ilfracombe Dotto (Pages 115 - 118) Report by Economic Development Officer (attached).
10. Electric Vehicle Charge Points Collaboration Agreement (Pages 119 - 126) Report by Parking Manager (attached).
11. New Climate and Environment Grants Scheme for Parish Councils 2020-2023 (Pages 127 - 142) Report by Head of Resources (attached).
12. Approval and release of section 106 Public Open Space Funds - Instow and Braunton (Pages 143 - 146) Report by Project, Procurement and Open Space Officer (attached).
13. Review of North Devon Council's Sex Establishment Policy (Pages 147 - 180) Report by Public Protection Manager (attached).
14. Exclusion of Public and Press and Restriction of Documents RECOMMENDED:
(a) That, under section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item as it involves the likely disclosure of exempt information as defined by Paragraph 3 of Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to the financial or business affairs of any particular person (including the authority holding that information);
(b) That all documents and reports relating to the item be confirmed as “Not for Publication”.
PART 'B' (CONFIDENTIAL RESTRICTED INFORMATION)
15. The Lynton Complex (Pages 181 - 190) Report by Service Lead Affordable Housing (attached).
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If you have any enquiries about this agenda, please contact Corporate and Community Services, telephone 01271 388253
20.12.19
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North Devon Council protocol on recording/filming at Council meetings
The Council is committed to openness and transparency in its decision-making. Recording is permitted at Council meetings that are open to the public. The Council understands that some members of the public attending its meetings may not wish to be recorded. The Chairman of the meeting will make sure any request not to be recorded is respected.
The rules that the Council will apply are:
1. The recording must be overt (clearly visible to anyone at the meeting) and must not disrupt proceedings. The Council will put signs up at any meeting where we know recording is taking place.
2. The Chairman of the meeting has absolute discretion to stop or suspend recording if, in their opinion, continuing to do so would prejudice proceedings at the meeting or if the person recording is in breach of these rules.
3. We will ask for recording to stop if the meeting goes into ‘part B’ where the public is excluded for confidentiality reasons. In such a case, the person filming should leave the room ensuring all recording equipment is switched off.
4. Any member of the public has the right not to be recorded. We ensure that agendas for, and signage at, Council meetings make it clear that recording can take place – anyone not wishing to be recorded must advise the Chairman at the earliest opportunity.
5. The recording should not be edited in a way that could lead to misinterpretation or misrepresentation of the proceedings or in a way that ridicules or shows a lack of respect for those in the recording. The Council would expect any recording in breach of these rules to be removed from public view.
Notes for guidance:
Please contact either our Corporate and Community Services team or our Communications team in advance of the meeting you wish to record at so we can make all the necessary arrangements for you on the day.
For more information contact the Corporate and Community Services team on 01271 388253 or email [email protected] or the Communications Team on 01271 388278, email [email protected].
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North Devon Council offices at Brynsworthy, the full address is: Brynsworthy Environment Centre (BEC), Roundswell, Barnstaple, Devon, EX31 3NP.
Sat Nav postcode is EX31 3NS.
At the Roundswell roundabout take the exit onto the B3232, after about ½ mile take the first right, BEC is about ½ a mile on the right.
Drive into the site, visitors parking is in front of the main building on the left hand side.
On arrival at the main entrance, please dial 8253 for Corporate and Community Services.
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This page is intentionally left blank Agenda Item 2 Strategy and Resources Committee - 2 December 2019
NORTH DEVON COUNCIL
Minutes of a meeting of Strategy and Resources Committee held at Barum Room - Brynsworthy on Monday, 2nd December, 2019 at 10.00 am
PRESENT: Members:
Councillor Worden (Chair)
Councillors Lane, Leaver, Lofthouse, Patrinos, Pearson, L. Spear, Wilkinson and Yabsley
Officers:
Chief Executive, Head of Place, Senior Solicitor/Monitoring Officer, Accountancy Services Manager, Estates Surveyor and Assistant Benefits Manager
Also Present:
Councillor D. Spear
69. APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors Barker and Prowse. 70. TO APPROVE AS A CORRECT RECORD THE MINUTES OF THE MEETING HELD ON 4TH NOVEMBER 2019 (ATTACHED)
RESOLVED that the minutes of the meeting held on 4th November 2019 (circulated previously) be approved as a correct record and signed by the Chair subject to the paragraph in minute 58 being amended as follows:
“In response to the issues raised by Frances King, the Head of Environmental Health and Housing advised that the Council would investigate the statutory noise nuisance complaint under planning condition 38.”
71. DECLARATIONS OF INTERESTS.
There were no declarations of interest announced.
72. COUNCIL TAX REDUCTION NEW INCOME-BANDED SCHEME
The Committee considered a report by the Head of Resources (circulated previously) regarding the Council Tax Reduction New Income-Banded Scheme.
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The Accountancy Services Manager highlighted the following:
The ‘old’ Council Tax Benefit scheme was replaced in 2013 by a new localised Council Tax Reduction Scheme. Each year the scheme was reviewed and the Devon Steering Group (of Benefits Officers) work together on reviewing the schemes; over recent years there have been some minor changes to bring the scheme in line with changes made by Central Government in Housing Benefit and Universal Credit. The ‘current’ scheme had been reviewed and Devon Authorities have aimed to move to a “new discount based income-banded scheme” that was fairer, simpler and reduce administration costs. This reduced administration burden would enable the team to focus resource onto overall Council tax debt recovery and improve the overall collection rates. Previously Council Tax Reduction (CTR) was assessed and awarded in line with Housing Benefit (HB). The advantages of this alignment had been lost since the roll out of Universal Credit (UC) in July 2018. UC was highly reactive to change and the Council can typically receive monthly notifications from the Department of Works and Pensions of a change in income (often very small sums) as the CTR scheme was fully means tested. Even a trivial change such as this would result in reassessment, requiring an amended Council Tax bill to be produced and rescheduling instalment plans, restarting the debt recovery process all over again. Households were often issued with many bills, frequent change of instalments/direct debits and was extremely confusing for them and difficult for them to budget or understand exactly what was due to pay. These continual set-backs for customers, who were already on low income then were often required to owe a lump sum at the end of the year due to these constant changes For these reasons and to minimise the number of changes to CTR assessment Councils across the Country are starting to move towards a discount based income-banded scheme, which was simpler and cheaper to administer. South Hams and West Devon introduced an income-banded scheme for the current year April 2019 and the Devon Benefits Officer Group was recommending that the other Local Authorities follow suit for 2020/21. Introducing the income banded scheme based on current caseload would result in over 80% of claimants ending up better off. Consultation on the proposals was undertaken from September until October 2019 via press releases, on the Council’s website, social media, direct mailshots within council tax bills and benefit notifications and advertising within our Council offices. Responses to these consultations were detailed within Appendices D and Appendix E. The response level to the consultation was relatively low however the majority of those responses were in favour of the proposed changes.
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Before CTR the old Council Tax Benefit Scheme cost the public purse around £7.5million. The first year of the CTR scheme was estimated to reduce this cost to £6.5million; however the actual scheme costs have come down from £6.3million to £5.6million currently. The impact to North Devon Council was the same as the % split of the overall Council Tax that includes all the major preceptors (about 10% of the costs relate to North Devon Council, with 72% Devon County Council, 10% Police, 5% Fire and 3% Town and Parishes). The proposed income banded scheme increased the scheme costs by an estimated £180,000, however the overall scheme costs since 2013/14 have reduced significantly (£6.3million down to £5.6million currently). Collection rates of overall Council tax have suffered in recent years. In 2013/14 the Council budgeted for a 98.5% collection rate; this rate had now reduced to 97.5%. An improvement of just 0.5% in this collection rate would achieve an additional £340,000 council tax income; mitigating the above additional scheme cost. The aim of the changes proposed were to reduce the administration burden and with the scheme benefits introduced it was anticipated that the ability of payment should improve and therefore collection rates increase. Together with reduction in providing for bad debts and longer term write offs, these measures would aim to offset the above additional scheme cost and therefore not impact the overall collection fund position materially and hopefully improve this position further.
In response to questions, the Assistant Benefits Manager advised the following:
That South Hams and West Devon had not experienced any problems following the introduction of the income banded scheme for the current year. The current maximum level of reduction customers can receive was 75% and the new scheme would increase this level to 80%. The Council Tax bills increased annually, however the benefits customers received were frozen every year, therefore the majority of customers would be better off as they would only need to pay 20%. Measures had been put in place to ensure that the most vulnerable customers were protected. The Exceptional Hardship Policy was available to customers who were worse off and suffering from exceptional hardship. The Fund was approximately £40,000, which was never spent in full. It was considered that the Fund was sufficient should it need to be utilised when introducing the new scheme. Upon receipt of applications, officers calculated the applicants income and expenditure to assess whether they were eligible to apply for funds from the Exceptional Hardship fund. Some of the comments made by customers as part of the consultation were from individuals who were not in agreement with a CTR. Officers signposted customers to the Citizens Advice Bureau (CAB) where appropriate. The Council no longer provided the budgeting service for customers and this role was now undertaken by the CAB. However, if
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customers required assistance with completing the application form to the fund, support was provided either by assessors or by a visiting officer.
RECOMMENDED:
(a) That a new 5 banded Council Tax Reduction Scheme as set out in Appendix A of the report be adopted from 1 April 2020;
(b) That the Equality Impact Assessment in relation to the scheme, as set out in Appendix B of the report be noted;
(c) That the Exceptional Hardship Policy in relation to the Council Tax Reduction Scheme, as set out in Appendix C be approved.
Members thanked the Officers for the report and clear presentation.
73. PUBLIC CONVENIENCES REVIEW
Councillor Pearson, Lead Member for the Environment advised the Committee that a public convenience review had commenced previously but had stalled. There was a number of Council owned public conveniences which were in poor condition and therefore it had been requested that the review be recommenced. The review had been included within the Operational Services service plan for 2020/21, with the review due to commence in Quarter 1 and complete by Quarter 3.
74. URGENT DECISION TAKEN BY THE CHIEF EXECUTIVE
The Committee noted the urgent decision that had been made by the Chief Executive in accordance with paragraph 3.49, Annexe 2, Part 3 of the Constitution (circulated previously) regarding the appointment of consultants to prepare a Business Case for the Stage 2 bid of Future High Streets Fund.
The Chief Executive outlined the reasons for the urgent decision.
The Head of Place advised the Committee that the deadline for the submission of the full detailed business cases to Government was by March 2020. It was anticipated that the full £100,000 awarded to the Council following the successful bid for Stage 1 of Future High Streets Fund would be spent.
75. EXCLUSION OF PUBLIC AND PRESS AND RESTRICTION OF DOCUMENTS
RESOLVED:
(a) That, under section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item as it involved the likely disclosure of exempt information as defined by Paragraph 3 of Part 1 of Schedule 12A of the Act (as
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amended from time to time), namely information relating to the financial or business affairs of any particular person (including the authority holding that information);
(b) That all documents and reports relating to the item be confirmed as “Not for Publication”.
76. ACQUISITION OF CORPORATE PROPERTY
The Committee considered a report by the Head of Resources (circulated previously) regarding the acquisition of corporate property.
Councillor Lane declared a personal interest as a land owner.
RESOLVED:
(a) That delegated power be given to the Head of Resources to negotiate terms and to acquire the land, as set out in the report, and to apply for grants as deemed appropriate;
(b) That it be noted that a report will be prepared for a future meeting putting forward a strategy for funding future purchases, if appropriate, alongside a Carbon Reduction Plan;
RECOMMENDED:
(c) That Council vary the capital programme by £335,900 and funds be released.
Chairman The meeting ended at 10.57 am
NOTE: These minutes will be confirmed as a correct record at the next meeting of the Committee.
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Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY & RESOURCES COMMITTEE Date: 6th January 2020 TOPIC: BATSWORTHY CROSS WINDFARM
REPORT BY: HEAD OF ENVIRONMENTAL HEALTH & HOUSING SERVICE
SERVICE LEAD ENVIRONMENTAL PROTECTION
1. INTRODUCTION
1.1 This paper seeks to update the Strategy and Resources Committee on the current status of the Council’s regulation of the noise related planning conditions associated with Batsworthy Cross Windfarm.
This is a follow up report to a paper which was considered by this Committee on the 4th November 2019.
2. RECOMMENDATIONS
2.1 It is RECOMMENDED that the Strategy and Resources Committee notes the current position.
3. REASONS FOR RECOMMENDATIONS
3.1 To provide the Committee with confidence that the process of regulating Batsworthy Cross Windfarm is transparent and happening as efficiently as possible.
4. REPORT
4.1 Noise compliance monitoring at six locations close to Batsworthy Cross Windfarm has confirmed compliance with the noise related planning conditions at five of these six locations.
4.2 Exceedance of the noise limits in the sixth location has recently also been confirmed.
4.3 On the 16th August 2019, the Council advised the operator of this situation and requested the following information be provided within 30 days:
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. Details of a proposed further mitigation strategy for properties in the vicinity of Birchwood House;
. A statement of the turbine operating parameters relating to the 2016-17 and 2018-19 surveys.
4.4 In their response, the Operator requested additional technical information from the Council, to help inform their response.
4.5 This information was provided to them on 25th September 2019 - requesting their full response to be made in relation to the matters identified in section 4.3 above, by 25th October 2019.
4.6 Officers’ have subsequently been in receipt of representations from the Operator concerning certain aspects of the meteorological data used in the noise assessments to date.
4.7 These representations confirm that The Operator is not contesting the outcome of the assessments to date - but that they believe the wind speed reference location needs considering further.
4.8 The Operator has requested a meeting with Officer’s to discuss this – and agree an appropriate way forward to achieve compliance.
4.9 Officers’ are currently reviewing the position in light of advice having been received from The Council’s acoustic consultant concerning this representation - and seeking internal legal opinion to help determine an appropriate way to proceed – which it is hoped will be determined in January 2020.
4.10 The community meeting arranged by Officers’ for 16th December 2019 was unable to proceed due to availability of key attendees – and this has been rescheduled for 14th January 2020.
5. RESOURCE IMPLICATIONS
5.1 This development will necessitate further investment in the regulation of this consent which cannot be quantified at this time.
6. CONSTITUTIONAL CONTEXT
Article or Appendix Referred or and paragraph delegated power?
Part 3 Delegated
Annexe 1
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7. STATEMENT OF CONFIDENTIALITY
This report contains no confidential information or exempt information under the provisions of Schedule 12A of the 1972 Local Government Act.
8. BACKGROUND PAPERS
8.1 The following background papers were used in the preparation of this report:
Agenda for the Special Overview & Scrutiny Committee, Thursday, 7th March, 2019.
Batsworthy Cross Windfarm. Report to Strategy & Resources Committee 2019.
The background papers are available for inspection and kept by the author of the report.
9. STATEMENT OF INTERNAL ADVICE
9.1 The author (below) confirms that advice has been taken from all appropriate Councillors and Officers.
Author: Jeremy Mann; Head of Environmental Health & Housing Andy Cole; Service Lead Environmental Protection Date: 16th December 2019 Reference: Strategy & Resources Committee 4th November 2019 Batsworthy Cross Windfarm
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Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY AND RESOURCES COMMITTEE Date: 6TH JANUARY 2020 TOPIC: STATEMENT OF COMMUNITY INVOLVEMENT
REPORT BY: LEAD OFFICER PLANNING POLICY
1 INTRODUCTION 1.1 The Council’s Statement of Community Involvement (SCI) has been reviewed. It outlines how the Council will engage with the local community and other stakeholders in: the preparation and review of development plan documents and supplementary planning documents; and the decision making process associated with planning and other applications. In line with statutory requirements, the SCI sets out how the Council will exercise its duties associated with planning, setting out who will be consulted, how and when.
1.2 The Council adopted its current SCI in January 2015 so a review is now required, both as a result of the age of the document and to reflect changes to statutory requirements, significantly in respect of neighbourhood planning.
1.3 As North Devon and Torridge have an adopted joint local plan, the SCI has been prepared (see Appendix A) in partnership with Torridge DC who are also reviewing their own SCI. The Councils are required to prepare separate documents, however the draft SCIs share a similar structure and content, which is significant given the joint working undertaken in respect of plan making and the related supplementary planning documents.
2 RECOMMENDATIONS 2.1 That the draft North Devon SCI is approved for 6 weeks public consultation. 3 REASONS FOR RECOMMENDATIONS
3.1 To engage the public, local businesses, developers and statutory organisations prior to formally adopting the SCI.
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4 REPORT 4.1 The draft revised SCI (Appendix A), is broadly similar to the currently adopted document. The main points of differences relate to: a) a new national requirement to outline proposed support and engagement for preparation of neighbourhood plans; b) further references to use of social media; c) removing the requirement for an additional stage, to that required by legislation, on consulting on a draft plan prior to its publication for further consultation.
4.2 It is proposed that the draft SCIs will be consulted upon, jointly with Torridge DC, in the early part of 2020. 4.3 In terms of neighbourhood planning, the Council has a duty to provide technical advice and support to communities producing a neighbourhood plan or development order. The SCI sets out the support and advice that is proposed (Table 3). 4.4 The SCI was considered and endorsed by the joint local plan working group on 5 December 2019.
5 RESOURCE IMPLICATIONS
5.1 The cost of publishing this draft SCI, including its publication on the Council’s website and the requirement for representations to be analysed, can be met within existing resources. Consulting on the SCI alongside simultaneously consultation by Torridge DC avoids the additional costs of multiple formal notices and multiple consultation letters. The costs and officer time required can be split equally with Torridge DC.
6 EQUALITY and HUMAN RIGHTS 6.1 The SCI is a strategy, so an Equality and Diversity Impact Assessment (EqIA) is required. A full assessment has been prepared and overall the SCI will have a positive impact on equality issues, which are set out in the EqIA. The principles set out in the document relate to being clear what we’re doing, being inclusive, accountable, transparent and accountable. As a whole the strategy will help to:
a) ensure the Council works with local communities and partner organisations to improve (through the planning process) local services and facilities, particularly in disadvantaged areas; b) demonstrate our compliance with the Equality Act and inform preparation of the Council’s future policies and practices; and c) set out how and when local communities and partner organisations will be engaged in preparation of planning documents and planning applications.
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7 CONSTITUTIONAL CONTEXT
Article and Appendix and Referred or A key In the paragraph paragraph delegated decision? Forward power? Plan?
Part 3, Annexe 1.1 Referred No Yes
8 STATEMENT OF CONFIDENTIALITY
8.1 This report contains no confidential material under the provisions of Schedule 12A of 1972 Act.
9 BACKGROUND PAPERS 9.1 The following background papers have been used in the preparation of this report:- North Devon and Torridge Local Plan 2011–2031 (adopted October 2018) National Planning Policy Framework (February 2019) North Devon Council Statement of Community involvement (January 2015)
9.2 Background papers will be available for inspection and will be kept by the author of this report. 10 STATEMENT OF INTERNAL ADVICE
10.1 The author (below) confirms that advice has been taken from all appropriate Councillors and officers.
Executive Member: Cllr Malcolm Prowse Author: Andrew Austen Date: 5th December 2019 Reference: S&R – 6 January 2020 SCI
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Foreword – North Devon draft Statement of Community Involvement
This is a draft Statement of Community Involvement (SCI), which has been prepared for consultation. It will be the third iteration of the North Devon SCI.
A need to review the SCI has arisen due to recent changes in legislation. The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 amended section 10A to include a duty on local planning authorities to review their SCIs every five years. Additionally, the Neighbourhood Planning Act 2017 has introduced a requirement on local planning authorities to include within their SCIs their policies for giving advice or assistance on making and modifying neighbourhood plans and on making neighbourhood development orders.
As set out below this draft SCI is subject to public consultation, however from 2011, there is no longer a need to submit the SCI for independent examination.
The consultation period for comments extends from XX/XX/XXXX to XX/XX/XXXX. Comments can be submitted online using the Council’s Consultation Portal or by completing and returning comment forms which are available to download or on request from the Council’s offices. Comments must be received by the Council no later than 4.45pm on Friday XX/XX/XXXX in order to be considered. Responses should set out clearly the component of the SCI to which the provided comment(s) relates and, if an objection is made, how the SCI should be modified to address the raised concerns.
Comments can be submitted: Online via the Council’s joint Consultation Portal at: https://consult.torridge.gov.uk/portal; By email to: [email protected]; By post to: Planning Policy team, North Devon Council, Lynton House, Commercial Road, Barnstaple, EX31 1DG.
All duly made representations received within the prescribed consultation period and relevant to this SCI, will be available to view via the Council’s joint Consultation Portal. Such representations will be reviewed by North Devon Council and where considered necessary the SCI will be amended. The SCI will then be adopted by the Council at which time it be used to determine the form and extent of consultation, engagement and notification to our communities and stakeholders in the plan making and decision making process within the planning system.
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1. Introduction
1.1 This Statement of Community Involvement (SCI) outlines how North Devon Council (the “Council”) will involve the community and other stakeholders in the preparation and revision of development plan documents and supplementary plan documents and in the decision making process associated with planning and other applications. Preparation of a SCI is considered to be an essential part of encouraging meaningful community involvement in the planning system.
1.2 Planning is about place shaping, so it is right that those interested in and potentially affected by the outcomes have an opportunity to be involved effectively. By enabling the local community, business and service providers to be involved in the planning process, the Council can ensure the delivery and implementation of a development strategy that meets the diverse aspirations and needs of its communities, organisations and businesses interests.
1.3 The SCI provides a flexible framework for consultation and community engagement in plan making and the development management process; it outlines the consultation and engagement methods that the Council will use in the exercise of its duties associated with planning, setting out who will be consulted, how and when.
1.4 It is important to note that resource availability will influence the form and scope of consultation and engagement beyond that which is regulated. The Council will of course always consider appropriately made comments in response to a development plan document, a supplementary plan document or to a planning application. However, it will not always be possible or appropriate to determine the matter in accordance with the comment(s) received. There may be other material considerations, such as legislative requirements, or national or local policies, which the Council must consider as the local planning authority, and of course differing views may be presented in response to the matter subject to consultation.
1.5 The Council’s first SCI was adopted in August 2006, which was updated in January 2015. It is now considered necessary to update the SCI to reflect changes in planning legislation, significantly in respect of neighbourhood planning and to better reflect current practices of community involvement, including greater use of electronic communications and social media, which is reflected in this SCI review.
2. Relationship to other Council communications and consultation strategies
2.1 The Council needs to have regard to the Public Sector Equality Duty1 as referred to in the 2010 Equality Act, to ensure equality of engagement opportunities for people with “protected characteristics”, which relates to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Ensuring the SCI is up to date will support the Council’s Planning Service with this statutory duty. The SCI follows the principles of the Council’s Equality Scheme2, which sets out its commitment to equality.
1 Equality Act 2010: Guidance https://www.gov.uk/guidance/equality-act-2010-guidance 2 North Devon Council Equality Strategy 2019-2023: https://www.northdevon.gov.uk/search/?q=equality+strategy&x=17&y=23
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2.2 The Council must also accord with responsibilities associated with the Data Protection Act 2018 and the EU General Data Protection Regulation and separately the Freedom of Information Act 2000. The Council’s policies on these matters are provided through its website3. The challenge for the Council is to comply with both Acts, which will require careful handling of requests for information and consultation responses.
3 Duty to co-operate
3.1 The Localism Act4 and the National Planning Policy Framework5 (NPPF) require neighbouring local authorities, groups of authorities and/or other public bodies, referred to as “prescribed” and “relevant bodies” (set out in Appendix 1) to work together on planning issues that cross administrative boundaries. In order to demonstrate effective and on-going joint working, strategic policy making authorities, such as this Council, are required6 to prepare and maintain one or more statements of common ground. The extent to which a council has undertaken this duty will be scrutinised as part of the independent examination of its development plan documents.
3.2 The Council has long recognised the benefits of working collaboratively. Significantly it has worked with its neighbouring council, Torridge District Council to deliver a joint local plan; the North Devon and Torridge Local Plan 2011-2031 was adopted in October 2018, with commitments for future collaborative working to ensure its effective implementation.
4 Policy framework
4.1 The duty to engage the community in planning matters and to prepare the SCI arises from the Planning and Compulsory Purchase Act 2004 (section 18) as amended by the Planning Act 2008, the Localism Act 2011 and the Neighbourhood Planning Act 2017. This legislation requires the local planning authority (in this case the Council) to prepare a statement of how it will involve those with an interest in development in the area, including: the preparation and review of development and supplementary planning documents; neighbourhood plans and neighbourhood development orders and decision making in respect of planning applications.
4.2 National planning guidance stresses the importance of a plan-led system and re-iterates the role of early and meaningful engagement and collaboration to produce a development plan that reflects the vision and aspirations of local communities. The NPPF7 refers to plans as being shaped by early, proportionate and effective engagement between plan makers and communities, local organisations, businesses, infrastructure
3 Data Protection and Freedom of Information: https://www.northdevon.gov.uk/council/data-protection-and- freedom-of-information/ 4 Localism Act Chapter 20: http://www.legislation.gov.uk/ukpga/2011/20/section/110/notes 5 National Planning Policy Framework; paragraph 24: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810197/ NPPF_Feb_2019_revised.pdf 6 National Planning Policy Framework: paragraphs 24-27 7 National Planning Policy Framework: paragraph 16 (February 2019 MHCLG)
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providers and operators and statutory consultees. The NPPF8 also reflects the importance of community engagement before planning applications are submitted.
4.3 Legislation sets out the minimum standards for publicity and consultation which are set out in the relevant sections below. The Council will always meet these requirements and where appropriate and resources allow, will seek to go beyond them to secure wider- ranging involvement in plan-making.
5. Community involvement in plan preparation
5.1 There are a number of planning policy documents prepared by the Council with different processes for preparation and public involvement, the minimum standards for which are defined by the Town and Country Planning (Local Planning) (England) Regulations 2012. The SCI sets out how and when the Council will engage and consult on the preparation and review of its planning policy documents and how it will discharge its duties to support the neighbourhood planning process.
5.2 When the Council undertakes consultation on planning documents, it will be guided by the following engagement commitments:
a) Be clear about what we're doing – ensure that people understand why we are consulting and engaging them, and how their comments will help to inform or influence decisions. Clear timescales will help people understand when and how their input will be used.
b) Be inclusive – provide opportunities for all people to engage ensuring that our plans and processes reflect the different needs of the communities that make up the district.
c) Be accessible – ensure that people have an opportunity to take part and are made aware of consultation exercises as early as possible.
d) Be transparent – be clear on how the decision-making process will work and how consultation feedback will be used, thereby giving people the confidence of how and when their input and involvement will be considered in decisions that affect them.
e) Be accountable – let people know how decisions have been reached, by showing clearly how the different types and information sources that have been considered in reaching a final decision.
5.3 Development Plan Documents are formal plans that, together with any minerals and waste plans at county level and adopted neighbourhood plans, make up the “development plan”. A Local Plan is one type of development plan document produced by local planning authorities.
5.4 The range of development plan documents to be prepared by the Council is set out in its Local Development Scheme (LDS)9 which has been jointly prepared with Torridge District Council. The LDS sets out the delivery timetable for the now adopted North
8 National Planning Policy Framework: paragraph 40 (February 2019 MHCLG) 9 North Devon and Torridge Local Development Scheme (May 2016): https://www.torridge.gov.uk/CHttpHandler.ashx?id=15500&p=0
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Devon and Torridge Local Plan (the “Local Plan”) and the proposed North Devon and Torridge Traveller Site Allocations Development Plan Document; it also identifies supplementary planning documents that are proposed to be delivered and the timeframe for neighbourhood plan preparation, as identified by the relevant town or parish council.
5.5 Supplementary Planning Documents (SPDs) do not form part of the development plan. SPDs provide detailed guidance on the implementation of policies in the Local Plan, for instance in relation to the development of specific sites or on particular issues, such as design, green infrastructure and affordable housing. Guidance provided in an adopted SPD will be taken as a material consideration in the determination of planning applications. With the adoption of the Local Plan, North Devon and Torridge Councils will be jointly preparing a number of SPDs, as they have committed to do through the Local Plan.
5.6 Neighbourhood Plans/Neighbourhood Development Orders are undertaken in North Devon by town and parish councils; they provide an alternative means of providing development policies at parish level. The Council has a duty to support neighbourhood planning. Town and parish councils are responsible for public engagement and consultation in the early stages of neighbourhood plan and neighbourhood development order preparation. The Council would then take responsibility for undertaking formal consultation on the submission version of the neighbourhood plan or neighbourhood development order, the appointment of an independent examiner and organising a referendum, if there is a positive outcome from the examination. If the referendum results in a majority vote in favour of the neighbourhood plan or neighbourhood development order, it will be “made” (adopted) by the Council. When made it will have the same material weight, within the neighbourhood area, as other development plan documents.
5.7 Each development plan document (including Local Plans) is accompanied by a Sustainability Appraisal (SA) and/or Strategic Environmental Assessment (SEA) which sets out how the contained policies reflect sustainable development objectives. SA/SEA will be subject to consultation alongside the relevant development plan document.
5.8 All development plan documents are also accompanied by a Habitats Regulations Assessment (HRA) in line with the requirements of the Conservation of Habitats and Species Regulations 2017 in order to establish whether there are any adverse effects on identified European sites as a result of proposed policies. HRA will be subject to consultation alongside the relevant development plan document.
6. Who will the Council consult in plan-making?
6.1 Regulations10 specify the range of organisations that must be consulted when preparing development plan documents, which are referred to as ‘specific’ and ‘general’ consultation bodies (set out in Appendix 1). Specific consultation bodies include utility
10 The Town and Country Planning (Local Planning) (England) Regulations 2012: http://www.legislation.gov.uk/uksi/2012/767/regulation/2/made
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companies, government agencies, adjoining local authorities and parish councils. General consultation bodies include voluntary bodies active in the area and those which represent the interests of different racial, ethnic or national groups, different religious groups, disabled persons, and persons carrying out business in the area.
6.2 The Council maintains databases of contacts which, in addition to specific and general consultation bodies, includes organisations and individuals who have requested to be notified at key stages in the preparation of development documents or who have formally commented on the drafts of such documents. The database can be added to, or contact details removed or revised at any time through a request in writing to the Council’s planning policy team. In maintaining an individual’s contact details the Council will adhere to the limitations of data protection.
6.3 The Council will consider carefully how consultations are undertaken to ensure that all potential interests are aware of relevant planning proposals and the opportunities that are provided to comment on them. The Council will use a range of consultation techniques during public consultation, which are outlined below.
Online engagement – the type of online engagement used will depend on the issues that are being considered. Website: the Council’s website will be regularly updated with information about the Local Plan and other planning policy documents. The Council will advertise all consultations on its website, with documents available to view on dedicated pages. Social media: the Council will make use of social media where appropriate and will post information on its social media platforms, including Facebook and Twitter, to promote consultations.
Face-to-face engagement – the following face-to-face engagement will be used, depending on the issues involved. Staffed exhibitions: will be held on significant consultations, such as those associated with development plan documents such as a Local Plan. The aim will always be to locate such exhibitions in close proximity to the areas most likely to be affected. Smaller exhibitions: may be held for locally significant consultations, or if proposals relate to a particular locality. They will be held in locations that people are likely to visit regularly such as town and local centres, libraries or at the Council’s offices. These may be un-staffed and/or in drop-in session format. Meetings/engagement with particular groups: these will be used to get in-depth comments on specific planning issues from a small cross section of individuals/organisations. Meetings may be appropriate to discuss issues of a technical nature, such as with specific statutory bodies and service providers, or with key stakeholder groups, including town and parish councils.
Written/electronic notifications – for all statutory consultations, the Council will directly contact specific and general consultation bodies along with anyone who has asked to be notified when consultation is taking place. Details of the consultation and the availability of documents will be set out in this communication.
Publicising consultations – public notices will be published in local newspapers and press releases and/or briefings to convey information to wider audiences will also be
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used where appropriate. All material relating to the consultation will be available on the Council’s website.
Making consultation materials available – as well as publishing draft documents and consultation material online, hard copies will be made available for inspection at the Council’s offices.
Consultation on Development Plan Documents and Supplementary Planning Documents
6.4 Development Plan Documents are subject to a rigorous statutory process, including community involvement. The statutory preparation process for these documents is laid out in the Town and Country Planning (Local Planning) (England) Regulations 2012. Table 1 sets out the process for preparing development plan documents and how the Council will involve stakeholders and the community in each stage of a document’s preparation. The same process will be followed whether a document is being prepared for the first time or is being reviewed.
Table 1: How the Council will engage stakeholders and communities in the preparation of a Development Plan Document (DPD)
Document Stage Opportunities for engagement Stage 1: Evidence gathering and preparing a development plan document Write to specific, general and other consultees, who the Council consider may Evidence will be gathered to establish a have an interest in the document to inform comprehensive evidence base appropriate to them of the subject of the document and the document being prepared or reviewed, invite representations about what the to identify the main issues, constraints and document should contain. options. Commence and record “duty to co-operate” Views will be sought on what the document discussions on issues which extend beyond should contain, including through the the district boundary. production of and consultation on draft Targeted and early involvement of agencies documents as appropriate. and infrastructure providers to inform technical studies and identification of issues and options. Make any consultation documents available at the Council’s principal office, other locations as considered to be appropriate and on the Council’s website. Formal consultation on issues and options for a new or revision to a development plan document will be undertaken in line with consultation arrangements set out in stage 2 below. The Council will consider all responses received when drafting the next version of the document. Comments received will be made available to view on the Council’s website.
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Stage 2: Publication of a proposed submission development plan document Consultation documents will be made available for inspection on the Council’s Having considered the views and evidence website, at the Council’s principal office and gathered in Stage 1 the proposed other locations as considered to be development plan document will be appropriate. published, with supporting evidence, including a SEA/SA, a HRA and a Duty to Co- Specific and general consultation bodies and operate Statement. others that are included in the planning policy database will be notified that the The development plan document, SEA/SA document is published for consultation, and HRA will be subject to consultation for a where it can be viewed, how comment(s) minimum of six weeks. should be made and the duration of the consultation exercise. Comments will be invited on whether the The consultation will be advertised through document is legally compliant and sound. public notices and press releases. Events and /or workshops will be held where considered appropriate. Social media will be used to raise awareness of the consultation. Advice and information will be provided to the public as requested. All duly made comments will be made available to view on the Council's website.
Stage 3: Submitting a development plan document Documents will be made available on the
The development plan document and Council’s website and for inspection at the relevant supporting information will be Council’s principal office and other locations submitted to the Secretary of State for as considered to be appropriate. independent examination. Specific and general consultation bodies and others that are included in the planning Supporting information will include all duly policy database will be notified, that the made representations submitted in response document has been submitted for to consultation on the draft development examination. plan, a summary of the main issues raised Use social media and the local press will be from the consultation, the background used to raise awareness of the document’s evidence and a consultation statement that submission. sets out how the Council has involved the Appropriate advice and information will be community and other stakeholders. provided to the public as requested. The consultation statement will set out how the Council has responded to duly made comments on the proposed submission development plan.
Stage 4: Examining the development plan document (Regulation 22) Examination documents will be made available on the Council’s website and at the An Inspector, appointed by the Secretary of Council’s principal office. State, will examine the development plan Notice of the Examination will be provided at document, which generally will involve least six weeks in advance to public hearing sessions. individual/organisations who have requested
to appear.
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The Inspector will consider whether the Notice of the Examination will be provided development plan document has been through the local press. legally compliant, if so the Inspector will consider whether it is “sound”.
The development plan document will be considered sound, if it is positively prepared, justified, effective and consistent with national policy.
Stage 5: Publishing the Inspector’s Report The Inspector(s) who conducted the Publish the Inspector’s recommendations, reasons for those recommendations and independent Examination will produce and details of where and when they can be publish a report. The Inspector will viewed. The report will be made available on recommend that the document is either: the Council’s website, and at the Council’s Adopted, principal office and other locations Adopted with recommended considered to be appropriate. Notify those modifications (if the Council has asked people who have requested to be notified the Inspector to suggest modifications to where the recommendations are available. make the document sound), or Not adopted.
Stage 6: Adopting the development plan document Publish the development plan document, If the document is recommended for adoption statement, sustainability appraisal adoption (with or without recommended and details of where and when the modifications) the Council will consider the document can be viewed. These will be Inspector’s report and whether to adopt the made available on the Council’s website at document as recommended by the the Council’s principal office and other Inspector. locations as is considered to be appropriate. If the Council decides to adopt the A copy of the adoption statement will be development plan document, it will be sent to any person who has been asked to be adopted by Full Council, with any main notified of the adoption of the document. modifications suggested by the Inspector A copy of the adoption statement will be and potentially additional modifications (any sent to the Secretary of State. additional modifications must be minor in Social media will be used to advertise the nature and not materially affect the policies adoption of the development plan of the development plan document). document. Local media/press will be used to advertise From adoption, there will be a six week the adoption of the development plan period within which the development plan document. document can be subject to a High Court legal challenge.
Monitoring and Review Publish the Authority Monitoring Report on The Authority Monitoring Report assesses the Council’s website on an annual basis. whether adopted planning policies are being Maintain an up-to-date evidence base which successfully implemented and achieving the will be available through the Council’s intended aims and objectives. A review of website. development plan documents may be
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triggered as a result of this report or as a Timescales for preparing new development result of new or revised legislative plan documents will be published on the requirements. Council’s website.
6.5 The procedure for preparing and adopting SPDs is shorter than that required for a development plan document. SPDs are not subject to Independent Examination on the basis that they supplement policies in a development plan document, which have previously been subject to examination and found to be “sound”.
6.6 Initial consultation on SPDs will be targeted at groups and individuals depending on the subject matter or location dealt with by the SPD. Consultation techniques will vary depending on the nature of the SPD. If the SPD is a technical document, the emphasis will be on established forms of consultation with stakeholders that are relevant to the topic involved, including statutory consultees, specialist bodies, local groups and planning agents along with everyone on the planning policy consultation database who have asked to be kept informed of planning policy consultations. If the matter is specific to a location, in addition to the above, the Council will aim to engage with local residents and groups through meetings/workshops or via community publications, if available. Table 2 sets out the process for preparing a SPD and how the community and stakeholders will have an opportunity to be involved.
Table 2: Process for producing a Supplementary Planning Document (SPD)
Key Stages Opportunities for engagement Evidence gathering/preparation of a As required, statutory bodies consulted on draft document SEA Screening and Habitats Regulations Assessment. Baseline information and evidence will be gathered. If required further technical Early technical consultations and, as work will be undertaken to identify considered necessary, targeted informal reasonable options. consultation undertaken, with relevant agencies, stakeholders, service providers, parish/town councils, local groups and residents.
Consultation on the draft document Documents will be made available on the Council’s website and for inspection at the Publication of the draft SPD for formal Council’s principal Office and other locations public consultation with associated as considered to be appropriate. Social documents, including an SEA report if media and the local press will be used to required, notice of consultation and a raise awareness of the documents consultation statement. publication for consultation. Consultation period will be a minimum of Notifications will be sent to relevant groups four weeks (in accordance with national and organisations and all those who have regulations). requested to be notified. If the matter is specific to a location, the Council will aim to engage with local residents and groups through meetings / workshops or via community magazines and publications.
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Finalise the draft document Comments received will be made available on the Council's website along with a summary of their content. The Council will publish a schedule of its response to each of the points made, where relevant to the draft document. Further consultation may be undertaken if responses lead to a significant change of direction.
Adoption The SPD, consultation statement and adoption statement will be published on the Council's website and provided for inspection at the Council’s principal office and other locations as considered to be appropriate. A copy of the adoption statement will be sent to any person who has asked to be notified of the adoption. Where appropriate, social media and local media/ press will be used to publicise adoption.
6.7 All duly made comments to a development plan document or SPD will be analysed and carefully considered by the Council. How the comments are considered and reported will depend on the stage the document has reached. At early and informal stages, comments will be reported to relevant committees, as summaries or as a summary report.
6.8 For comments to be “duly made” they must: be received within the prescribed consultation period, relate to the document’s content or its preparation and not be anonymous or contain libellous or offensive language. If a comment is determined not to be duly made, the respondent will be advised and provided with an opportunity to resolve the issue.
6.9 The Council is required to prepare a consultation statement for publication alongside the draft SPD. The statement will provide: an outline of the consultation that has been undertaken, a summary of the duly made comments received in response to the consultation and the response of the Council to the issues raised. The Council is required to prepare consultation statements alongside both draft and adopted SPDs.
Further information
6.10 For further information and advice about DPDs and SPDs please contact us: by visiting the planning policy pages on our website by emailing us at: [email protected] by telephoning us on: 01271 388288 by writing to us at: Planning Policy team, North Devon Council, Lynton House, Commercial Road, Barnstaple, EX31 1DG via your local Ward Member.
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View our privacy notice to find out how we use consultee’s information and personal data from respondents to planning policy consultations on local development documents.
Find out more Government Planning Practice Guidance – Plan making
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7. Neighbourhood Plans
7.1 Neighbourhood planning is a key part of the Government’s Localism Agenda. It aims to give local communities greater power to shape development by taking a more active role in the development of planning policies at a local level.
7.2 Within North Devon, neighbourhood planning is led by town and parish councils, who can get involved in two different ways, should they wish to do so. They can either prepare a neighbourhood plan, or a neighbourhood development order, which:
• are prepared through a formal process including public consultation and assessed by an independent examiner; • must gain majority support at a local referendum before they can be “made”(adopted); and • must be prepared having regard to national policy and generally conform with the strategic policies of the development plan document.
7.3 Like development plan documents, regulations11 cover the preparation of neighbourhood plans and neighbourhood development orders. Regulations also cover the referendum stages. The Council’s role is to provide advice and support to groups engaged in neighbourhood planning. Up to the submission of the final draft (proposed submission) plan or order, it is the town or parish council that is responsible for public consultation and engagement in its preparation.
7.4 The Council has a statutory role in the preparation of neighbourhood plans and orders, as set out in the Neighbourhood Planning (General) Regulations 2012 (as amended). The Council’s statutory role includes:
designating the neighbourhood area (Regulation 5); publicising a plan proposal (Regulation 16); arranging and funding the Examination (Regulation 18); publicising the examiner’s report and plan proposal decision (Regulation 18); arranging and funding the referendum; and making (adopting) the neighbourhood development order/plan.
7.5 In addition, the Council has a duty to provide technical advice and support to communities producing a neighbourhood plan or development order. The level of support will depend on the resource availability and the needs of the town/parish council. Examples of the type of assistance the Council can provide include:
initial advice regarding the suitability of completing a neighbourhood plan or development order and its potential scope including attendance at suitable meetings or providing briefings; on-going advice and support throughout the process including detailed technical input into each key stage. This support will be provided both on an informal basis through continued support and guidance, but also on a formal written basis when responding to specific consultations. The focus will be on the conformity of the neighbourhood plan/development order with the existing national and local
11 Neighbourhood Planning (General) Regulations 2012: http://www.legislation.gov.uk/uksi/2012/637/contents/made
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planning framework but guidance will also be provided to ensure that allocations and policies are fit for purpose and deliverable; provision of guidance on key issues including project management and timetabling, the role of the qualifying body, community engagement and undertaking consultation events, site selection and relevant legislation including SEA; practical assistance such as mapping; relevant contact information for statutory consultees and advice on undertaking consultation, publicity and engagement; guidance and interpretation of the relevant legislative requirements; and following submission of the neighbourhood plan/development order the Council will undertake the relevant consultation and organise and fund the examination and referendum in the timescales prescribed in legislation, wherever possible.
7.6 Table 3 below sets out the various stages in preparing neighbourhood plans and neighbourhood development orders, the opportunities for engagement and whether consultation is being carried out by the parish/town council or the Council.
Table 3: Assistance and support for a Neighbourhood Plan
Key Stages Parish/Town Council District Council support and advice Area Before submitting an Where a town/parish council Designation application to designate the applies for the whole of the civil neighbourhood area the parish to be designated as a Parish/Town Council may neighbourhood area, the Council consult the local community must designate it. about preparing a Where a proposed neighbourhood plan. neighbourhood area does not Parish/Town Council submits match a whole civil parish, the the neighbourhood area Council will undertake designation application to the consultation with the local District Council. community for 6 weeks, before deciding whether to designate it. The designated area will be publicised on the Council’s website. Draft Plan The Parish/Town Council may: Guidance and interpretation of preparation secure Government funding the relevant legislative grants; and requirements. appoint a planning consultant. Provide advice on national and local development plan policies The Parish/Town Council will: as well as other appropriate develop vision, aims and regulations or legislation. objectives; Share evidence and information undertake initial evidence on planning issues and on funding gathering, parish survey and for neighbourhood planning. publicity/ engagement with Advise on available evidence base the community; documents. prepare the draft plan; and Provide relevant contact information on statutory
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assess the need to undertake consultees and advice on a SA/SEA and HRA. undertaking consultation, publicity and engagement. Provide advice on draft policies and an informal view as to whether they are in general conformity with relevant local and national policies. The Council will carry out an initial SEA screening which lasts for five weeks and involves consulting statutory consultees.
Pre-submission The Parish/Town Council will: The Council will respond to the draft Plan formally publicise the draft consultation. neighbourhood plan or order and invite representations from people who live, work or carry out business in the neighbourhood area, for at least 6 weeks; consult (in writing) “Consultation bodies” (Neighbourhood Planning Regulations (Schedule 1)12 whose interests may be affected; send a copy of the neighbourhood plan to the local planning authority; and after consultation, consider received representations and amend the neighbourhood plan as appropriate.
Submission Parish/Town Council will submit If the Council finds that the Neighbourhood the following to the District neighbourhood plan / order meets Plan Council: the legal requirements it will formally a map or statement publicise and consult (for a minimum identifying the area to which of 6 weeks) on the following basis: the proposed neighbourhood Write to specific, general and all plan relates; other consultees whom the a consultation statement; Council consider may have an the proposed neighbourhood interest. plan; and Make documents available on the a Basic Conditions Statement. Council’s website, at the Council’s offices and other locations as
12 The Neighbourhood Planning (General) Regulations 2012: Schedule 1 Consultation Bodies: http://www.legislation.gov.uk/uksi/2012/637/schedule/1/made
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considered appropriate such as libraries, along with any locations suggested by the qualifying body. Use social media and local media/ press to raise awareness. Examination Parish/Town council considers Make arrangements for the the examiner’s independent examination of the recommendations. neighbourhood plan / order. Submit the submission neighbourhood plan / development order and associated documentation to the appointed examiner. Collate the representations and send all submitted responses to the Examiner. On receipt, publish the Examiner’s report on the Council’s website. Inform, specific, general and other consultees of the publication of the Examiner’s report where they are considered to have an interest. Assess the neighbourhood plan for compliance with statutory requirements in that it meets ‘basic conditions’. Work with the neighbourhood plan group to take forward the recommendations within the Examiner’s Report. The Council considers the examiner’s recommendations. If the Council intends to make a decision which differs for that recommended by the Inspector, it must notify the Town/Parish Council, anyone who made representation to the examiner and previously consulted consultation bodies, and invite comment over a six week period. The Council may refer the issue to independent examination. The Council will issue a final decision, no later than 6 weeks from the conclusion of the consultation or 6 weeks from receipt of the examiner’s report if referred to examination.
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Referendum Parish/Town council may: If the Council intends to proceed to raise local awareness of the referendum, it will: referendum using neutral organise the referendum; promotional material; and publish a referendum notice; and make the neighbourhood plan following the referendum or order available locally. publish the results on its website.
Making the If more than 50% vote in favour, the Neighbourhood Council “makes” the neighbourhood Plan plan or order via a Council resolution. The Council will then: publish the neighbourhood plan or order and adoption statement on its website and make the documents available for inspection at appropriate locations; and copies of the adoption statement will be sent to specific, general and other consultees where they are considered to have an interest.
Find out more: 7.7 For further information and advice about neighbourhood planning please contact us: by visiting the Neighbourhood Planning Webpages; by emailing us at: [email protected] ; by telephoning us on: 01271 388288 ; and by writing to us at: Planning Policy team, North Devon Council, Lynton House, Commercial Road, Barnstaple, EX31 1DG
7.8 The following information sources may also be of assistance. Government planning practice guidance - Neighbourhood Planning Neighbourhood Plans Roadmap – Locality o Publicity and engagement (Part C 13-20) o The ‘consultation statement’ (Part C 3)
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8 Development Management
8.1 For many people their main contact with the planning system is through planning applications, either as an applicant or someone who might be affected by the proposed development. This section in the SCI sets out the Council’s proposed approach for involving statutory bodies and the community in the development management process. Devon County Council are the planning authority in respect of development involving mineral extraction and waste disposal and their own SCI will set out arrangements for the processing and determination of such applications.
8.2 The Council’s Development Management team handles about 1350 planning applications each year, carrying out notifications and consultation as set out in this document. This ensures that any person or group interested in a planning application has the opportunity to view and comment on proposals. The Council handles a further 450 other applications each year under different legislation and regulations including those applications relating to works to listed buildings, conservation areas, trees, advertisements, certificates of lawfulness and prior notifications.
8.3 Planning legislation, principally the Town and Country Planning (Development Management Procedure) Order 2015, sets out the minimum standard of publicity and notification of applications to the local community, which varies depending on the nature of the application; the requirements are set out in Appendix 2.
8.4 This section details: pre-application procedure and advice available from the Council; what happens when a planning application is received; how a planning application is determined; and what happens when a planning application is determined.
Pre-application procedure
8.5 Although not a legal requirement, the Council, as guided by national planning policy, encourages any person contemplating development to engage in pre-application discussions with the Development Management team before a planning application is formally submitted. National planning guidance13 also encourages applicants to engage in the pre-application process.
8.6 The Council provides a pre-application service, which is chargeable, the level of which varies subject to scale and complexity of the proposal, more information on which can be found on the Council’s website14.
8.7 The Development Management team is committed to delivering a quality pre- application service, which aims to deliver the following benefits:
provide an opportunity to better understand how an application will be judged against the policies in the development plan and other material considerations;
13 National Planning Policy Framework paragraph 40 (2019 MHCLG) 14 https://www.northdevon.gov.uk/planning-and-building-control/making-a-planning-application/pre- application-advice/
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identify, at an early stage, if there is a need for specialist input on such matters as: listed buildings, trees, landscape impact, green infrastructure and natural green space, noise, contaminated land or archaeology, which may result in the need for additional information to be provided at the point of application to allow it to be registered; provide the opportunity to modify a proposal to make it potentially more acceptable to the Council and anticipating other regulatory requirements; provide an indication at an early stage if a proposal is unacceptable, saving the cost of pursuing a formal application, and providing guidance as to how a proposal may be adjusted, if possible, to become acceptable; avoid rejection at registration stage or early refusal of permission because of inadequate or insufficient information; and allow discussions on and the preparation of legal agreements, where appropriate, in advance of an application being received and for negotiations to consider land value constraints.
8.8 The Council does not undertake publicity or neighbour notification on pre-applications, as the process is confidential. The release of pre-application advice may however be sought under the Freedom of Information Act. The Council may have to release pre- application information unless one of the stated exemptions applies, for example personal or commercially sensitive information.
8.9 The Council also encourages applicants to undertake public consultation prior to submitting a planning application, which is encouraged in national planning policy15. Such consultation could be with the Town or Parish Councils, neighbouring properties or interest groups local to the development site and include methods such as a public exhibition or meeting/discussions with affected individuals. Where consultation has been undertaken a consultation statement should be provided with the related planning application, which outlines the methods used, the views expressed and how these have been taken into account.
8.10 Applications for any development involving an installation for the harnessing of wind power for the energy production on the following basis will be required to undertake pre-application community engagement, the required content of which is set out in Statutory Instrument 2013 No. 293216 which is reflected in the Council’s Validation List.
the development involves the installation of more than 2 turbines; or the hub height of any turbine exceeds 15 metres.
What happens when a planning application is received?
8.11 The statutory requirements for publicity for applications for planning permission are laid down in Article 15 of the Town and Country Planning (Development Management Procedure) Order (2015). This requires the Council to publicise planning applications
15 National Planning Policy Framework paragraph 39-42 ( 2019 MHCLG) 16 The Town and Country Planning (Development Management Procedure and Section 62A Applications) England) (Amendment) Order 2013: http://www.legislation.gov.uk/uksi/2013/2932/pdfs/uksi_20132932_en.pdf
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either by site notice or by notification to adjoining landowner or occupier and sometimes by press advertisement.
8.12 Other regulations set out the requirements for applications for listed building and conservation area consent and for applications for planning permission affecting the setting of a listed building, or demolition within a conservation area. Applications for works to trees within a conservation area or covered by a tree preservation order are also considered under other regulations.
8.13 Before an application can be validated, the Council must receive all plans and reports that are deemed necessary to enable a decision to be made. When an application has been validated, the decision making process will commence. The plans and reports required by application type are set out in the Council’s local validation list17, which identifies national land locally determined requirements.
8.14 When an application has been validated, neighbour notification by means of a letter/email will be undertaken. The letter/email will provide brief details of where and when the application can be viewed and the last date for the submission of comments. The neighbours to be notified are those with a postal address that occupy premises (both residential and commercial) adjoining the application site and those which may be affected by the development. The decision on which premises may be affected by a development will be made by the case officer, based on a professional assessment of the proposal and its likely impacts on the area surrounding the site. Consultees (such as Devon County Council, Historic England, Environment Agency and Natural England) will also be notified depending on the nature and potential impacts of the development.
8.15 Comments are normally invited on planning applications for a period of 21 days, which is the statutory period set by Government. A notification does not need to be received in order for a member of the public to comment on an application. All comments received prior to the determination of an application, even beyond the 21 day consultation period, will be considered when determining the application. It is worth noting that National Planning Practice Guidance clarifies that the consideration of late representations is at the discretion of the local planning authority; in reality the Council will seek to consider all consultation responses received prior to a decision being made.
8.16 In most cases a site notice will be posted at the application site, or in a location that better enables it to be viewed by the public. The site notice will be displayed for a period of 21 days. In some cases there is also a requirement for an application to be published through the local press, which is undertaken at the commencement of the 21 day consultation period. Appendix 2 sets out the notification actions that are undertaken by the Council.
8.17 Where the site of a planning application falls within a parish area that adjoins another local planning authority, as provided in National Planning Practice Guidance,
17 North Devon planning application Validation List: https://www.northdevon.gov.uk/planning-and-building- control/making-a-planning-application/the-local-list/
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publicity will be separately undertaken by each authority. The scope of the publicity will be a matter for agreement between the two authorities.
8.18 Where an application has been amended before a decision is made, the case officer will determine whether further publicity and consultation is necessary having regard to Government guidance, which sets out considerations to be applied to the amended proposal. Where it is considered that re-consultation is necessary, the timeframe for responses will normally be 14 days.
8.19 All planning applications can be viewed through the Council’s website18. There is an online facility to search for planning applications from 1987 and separately an opportunity to view all undetermined applications.
8.20 Comments and consultation responses will be held on the application file and made available to view via the website19. Sensitive information such as telephone numbers, private email addresses and signatures will not be published. The Council also reserves the right not to publish comments or part of comments that are not suitable for public view, such as those which might be offensive, personal or defamatory.
How a planning application is determined
8.21 Planning legislation requires planning decisions to be made in accordance with the development plan (currently the North Devon and Torridge Local Plan 2011-2031), unless material considerations indicate otherwise. For a comment to be taken into account, whether in support or objection, it has to be considered to be a material consideration, which means it has to be relevant in planning terms.
8.22 There are two main ways in which the Council will reach a decision on a planning application. The vast majority (about 95%) of decisions for planning applications are made by designated officers of the Council (a delegated decision), with the remaining decisions made by the Planning Committee and exceptionally by the Council.
8.23 The occasions when a decision cannot be made under delegated powers, are set out in the Council’s constitution20; where such occasions arise, as set out below, the application will be referred to the Council’s Planning Committee for determination:
• a Planning Committee or Ward Councillor can, subject to an established timeframe, “call-in” an application for the Committee to determine, which in the opinion of the Head of Place contains planning reasons indicating why the matter should be determined by the Committee; • applications made by or relating to land owned by North Devon Council; • applications made by or relating to land owned by Members, Officers or any immediate family members of any Members or Officers which are recommended for approval; and
18 https://planning.northdevon.gov.uk/Search/Advanced 19 https://planning.northdevon.gov.uk/Search/Advanced 20 North Devon Council Constitution: https://www.northdevon.gov.uk/council/councillors-and- committees/constitution-for-north-devon-council/
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• upon the Head of Place exercising a discretion to refer the matter to the Planning Committee, which would relate to applications on sites that are strategic or sensitive in nature, or applications that have generated a substantial number of objecting responses.
8.24 If an application is referred to Planning Committee, then notification will be provided to the applicant, agent and any person who made representation on the application. Public participation is enabled for those with an interest in a planning application to put their views to the Planning Committee, subject to a request, the detail of which is set out on the Council’s website21. Town and Parish Councillors and eligible Ward Members will also be able to speak for or against the proposal.
8.25 Once a planning application is determined, either on a delegated basis or through a Planning Committee determination, a Decision Notice will be issued. The Decision Notice will be sent to the applicant or agent and made available on the Council’s website. A copy of the officer report will be made available on the Council’s website, in addition to the Decision Notice.
Post decision
8.26 If applicants are unhappy with the Council’s determination of a planning application they are entitled to appeal to the Planning Inspectorate on the following basis:
if an application has been refused; non-determination:- if a decision has not been made within Government set targets (8 weeks for minor applications and 13 weeks for major applications) and the applicant has not agreed an extension of time with the Council; and if any of the conditions that have been included on a planning permission are considered to be unreasonable.
It is important to note that there is no third party right to appeal a decision; only applicants can appeal a decision.
8.27 If an appeal is lodged, any person or organisation who commented on the planning application will be contacted by the Council to inform them of the appeal and how to make further representation, which would be to the Planning Inspectorate.
8.28 The grant of planning permission is commonly subject to planning conditions, which may require the submission of further information to the Council for approval. This may address such matters as materials, landscaping, tree protection, and contaminated land or highway requirements. The Council will seek to deal with such applications within eight weeks from date of receipt. Submissions made for the approval of details are not subject to publicity.
8.29 Post decision amendments are only acceptable if the amendments are minor in nature (non-material changes to planning permissions). Submissions made for non- material amendments will not be subject to publicity. Amendments which are
21 Addressing the Planning Committee https://www.northdevon.gov.uk/council/councillors-and- committees/taking-part-in-meetings/planning-applications-addressing-the-planning-committee/
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considered to extend beyond the scope of a non-material change will require a new planning application.
Further information 8.30 For further information and advice about the submission and determination planning applications please contact us: by visiting the Planning and Building Control pages on the Council’s website by emailing us at: [email protected] by telephoning us on: 01271 388288 by writing to us at: Planning, North Devon Council, Lynton House, Commercial Road, Barnstaple, EX31 1DG via your local Ward Member and/or Parish/Town Councillor.
Find out more 8.31 Visit the Planning Portal to find out if you need planning permission, make and view planning applications and building control guidance and forms.
Government planning practice guidance: Before submitting an application Making an application Consultation and pre-decision matters Determining a planning application
9. Review of the SCI
9.1 The SCI will be kept under regular review and be updated when necessary to correct factual changes not material to its principles. It is anticipated that this SCI will last up to five years. The need for a full review of the SCI will be explored through the Authority Monitoring Report. Changes to the SCI may also be instigated by further revisions of the regulations which govern publicity and involvement in the preparation of planning policy documents and in the process which governs the consideration and determination of planning applications.
9.2 Any necessary changes will be made following appropriate public consultation, having regard to emerging best practice guidance and/or changes in legislation.
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APPENDIX 1
Prescribed and relevant bodies
Organisations that have been identified as “prescribed” under the requirements of the Town and Country Planning (Local Planning) (England) Regulations 2012, to address the “Duty to co-operate in relation to planning of sustainable development” set out in the Localism Act 2011 and through the National Planning Policy Framework as relevant bodies.
Prescribed bodies Devon Clinical Commissioning Group Devon County Council Civil Aviation Authority Somerset County Council Office of Rail Regulation Torridge District Council Highways England Exmoor National Park Authority Homes England (formerly Homes and Communities Agency) Mid Devon District Council Relevant bodies Somerset West and Taunton Council Marine Management Organisation Environment Agency Heart of the South West Local Enterprise Partnership Natural England Devon Local Nature Partnership
The duty also applies to the Mayor of London and Transport for London. The Council is however of the view that in order to meet the requirement of the Act to maximising the effectiveness of preparing the Local Plan, it would be unnecessary and contrary to achieving “effectiveness”.
Specific Consultation Bodies
Organisations that have been identified under the requirements of the Town and Country Planning (Local Planning) (England) Regulations 2012 that may have an interest in the proposals within a Development Plan Document are set out below. There is some duplication with the prescribed and relevant bodies for the purposes of the Duty to Cooperate requirements. Where bodies listed cease to exist, successor bodies will be consulted.
Specific consultation bodies Devon County Council Network Rail Somerset County Council Highways England Torridge District Council NHS Trust and Clinical Commissioning Groups Mid Devon District Council Police and Crime Commissioner Somerset West and Taunton Council Homes England Exmoor National Park Authority Network Rail Environment Agency Marine Management Organisation All town and parish councils within and Relevant electronic communication companies, adjoining district area such as BT and Virgin Media Natural England Relevant electricity and gas companies Historic England Relevant sewerage and water undertakers, such as South West Water
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Coal Authority
General Consultation Bodies
In addition to the specific consultation bodies listed above, the Council will involve as many people and groups as possible in preparing Development Plan and Supplementary Planning Documents in the categories below:
voluntary bodies; bodies which represent the interests of different racial, ethnic or national groups; bodies which represent the interests of different religious groups; bodies which represent the interests of persons carrying on business in the area; and bodies which represent the interests of disabled persons.
In respect of the Strategic Environmental Assessment Directive, the designated consultation bodies in the UK are:
Historic England; Environment Agency; and Natural England.
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APPENDIX 2
Notification actions undertaken by North Devon Council by application type
There is no statutory requirement to consult on the following types of applications – none is undertaken by the Council. • certificate of lawfulness of proposed use or development; • certificate of lawfulness of existing use or development; • internal alterations only to a Grade II listed building; • approval of details (exceptions are details for external works to any listed building); • revisions to planning applications once valid; and • ‘non-material’ amendments.
The following provides notifications and publicity undertaken for the listed application types in accordance with regulated requirements.
Application type Advertisement Site notice Neighbour in the local notification press Advertisements X X Agricultural Building to Dwelling House X Application by NDC X X X Change of Use X X X Change of Use Prior Notification X Communications Prior Notification X X X Demolition Prior Notification X X Full Planning Application (incl. X X X Householders) Full Planning Application Major X X X Larger Home Extension Prior Notification X Listed Building Consent X X X Listed Building Demolition X X X Outline Application X X X Permission In Principle X X X Application for the Approval of Reserved X X X Matters Solar Photovoltaics Prior Notification X X
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Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY AND RESOURCES COMMITTEE Date: 6TH JANUARY 2020 TOPIC: SUPPLEMENTARY PLANNING DOCUMENTS
REPORT BY: LEAD OFFICER PLANNING POLICY
1 INTRODUCTION 1.1 The Council previously adopted a number of Supplementary Planning Documents (SPDs) which supplemented the old North Devon Local Plan (1995-2011). When it was superseded by the new North Devon and Torridge Local Plan (2011-2031) (NDTLP) in October 2018, all of these previous SPDs ceased holding any weight because they did not supplement the policies in the new plan. 1.2 Consequently new SPDs need to be prepared to reflect and supplement the new policies in the NDTLP. They will all be prepared jointly with Torridge DC. Some SPDs will replace previous documents to reflect new policy requirements, whilst others are new being drafted to supplement the new policies in the NDTLP. 1.3 The first three new Supplementary Planning Documents (SPDs) were prepared to supplement the NDTLP and were published for public consultation between 26th September and 8th November 2019. The following three documents have been prepared jointly with Torridge DC to supplement policies within the joint Local Plan: a) Rural Workers’ Dwellings b) Leadengate Design Guide c) Air Quality 1.4 Copies of these draft SPDs can be viewed at https://consult.torridge.gov.uk/portal/. 1.5 A summary of responses received to the Rural Workers’ Dwellings and Leadengate Design Guide SPDs, together with consideration of the issues raised and proposed amendments arising, are set out in the attached schedules of comments (appendices A & B). The amended versions of these SPDs incorporating the proposed amendments are attached (appendices C & D). 1.6 A summary of responses received and an amended version of the Air Quality SPD will be brought to a subsequent meeting.
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1.7 The Rural Workers’ Dwellings SPD will also need to be formally adopted by Torridge DC. 2 RECOMMENDATIONS 2.1 That the two amended SPDs set out in appendices C & D are formally adopted as supplementary planning documents and treated as material considerations in determining relevant planning applications. 3 REASONS FOR RECOMMENDATIONS
3.1 To consider consultation responses received prior to formally adopting the SPDs.
4 REPORT 4.1 Supplementary Planning Documents provide additional detail for relevant policies in the NDTLP in order to provide guidance for developers and local communities as to how policies will be interpreted and what is required to satisfy policy requirements. Once adopted the SPDs will become material considerations in planning decisions and planning appeals and will be used by the Councils in decision making when considering relevant forms of development. SPDs will also assist with the policies being applied consistently. 4.2 Whilst SPDs supplement policies within the NDTLP, they cannot create new policies. The following levels of responses were received:
Number of Number of Responses Consultees received responding Rural Workers Dwellings SPD 81 11 Leadengate Design Guide 25 10 Air Quality SPD 57 8 TOTAL 161 29
4.3 Rural Workers’ Dwellings SPD This SPD supplements policies DM28: Rural Worker Accommodation and DM29: Farmer Family Attached Accommodation especially regarding the functional and financial tests required to justify a new rural worker’s dwelling in the Countryside. It replaces a previous SPD (Agricultural, Forestry & Other Essential Occupational Dwellings Guidance) adopted in 2009. 4.4 A total of 81 comments were received in response to the consultation, which were provided by 11 different respondents. Of the comments submitted, 48 comments indicated support, agreeing with the proposed approach. A further 14 comments indicated support subject to an amendment to the SPD, with only 7 comments stating an objection. A further 10 comments were of a general nature and 2 were clearly unrelated to the draft SPD.
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4.5 The main issues that were raised related to occupancy conditions, legal agreements and planning obligations. 4.6 Leadengate Design Guide SPD This SPD supplements policy GEO: Georgeham and Croyde Spatial Strategy and design policies ST04: Improving the Quality of Design and DM04: Design Principles. It defines and protects the key characteristics and distinctive character of the Leadengate estate in Croyde. It replaces a previous Leadengate Design Guide prepared by the Owners Association of Leadengate Fields (OALF) and adopted by the Council as SPD in 2016. 4.7 A total of 25 comments were received in response to the consultation, provided by 10 different respondents. Of these comments submitted, there were 8 comments supporting the proposed SPD including support for maintaining what the previous SPD had helped to achieve. A further 5 comments indicated support subject to an amendment to the SPD, with only 3 comments stating a clear objection. The remaining 5 comments were of a general nature and 4 were not related directly to the content of the draft SPD. 4.8 The main issues that were raised related to development principles for parking provision and the controls over overall levels of development on each plot, in order to maintain the area’s special character. Proposed amendments (appendix B) seek to clarify the scale of acceptable extensions to existing dwellings in order to protect the area’s special character. 4.9 Both SPDs were considered and endorsed by the joint local plan working group on 5 December 2019.
5 RESOURCE IMPLICATIONS
5.1 The cost of adopting these draft SPDs, including their publication on the Councils’ websites can be met within existing resources.
6 EQUALITY and HUMAN RIGHTS
6.1 An EINA is not required for these SPDs as they do not include any new policies or proposals; the policies within the NDTLP were assessed previously in terms of equality issues and there were not considered to be any significant human rights, equality and/or diversity implications arising from the policies within the NDTLP.
7 CONSTITUTIONAL CONTEXT
Article and Appendix and Referred or A key In the paragraph paragraph delegated decision? Forward power? Plan?
Part 3, Annexe 1.1 Referred No Yes
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8 STATEMENT OF CONFIDENTIALITY
8.1 This report contains no confidential material under the provisions of Schedule 12A of 1972 Act.
9 BACKGROUND PAPERS 9.1 The following background papers have been used in the preparation of this report:- North Devon and Torridge Local Plan 2011–2031 (adopted October 2018) National Planning Policy Framework (February 2019) North Devon Local Plan (adopted 2011; superseded October 2018) Agricultural, Forestry & Other Essential Occupational Dwellings Guidance (adopted 2009; superseded October 2018)) Leadengate Design Guide (adopted 2016; superseded October 2018) North Devon Statement of Community Involvement (2015)
9.2 Background papers will be available for inspection and will be kept by the author of this report. 10 STATEMENT OF INTERNAL ADVICE
10.1 The author (below) confirms that advice has been taken from all appropriate Councillors and officers.
Executive Member: Cllr Malcolm Prowse Author: Andrew Austen Date: 10th November 2019 Reference: S&R – 6 January 2020 SPDs
APPENDICES
A – Rural Workers’ Dwellings SPD – summary of responses B – Leadengate Design Guide SPD – summary of responses C – Rural Workers’ Dwellings SPD – incorporating amendments D – Leadengate Design Guide SPD – incorporating amendments
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Consultation Responses Rural Workers’ Dwelling - draft supplementary planning document
Paragraph Summary of key Issues Consultee ID (rw)
Introduction 1.1 Welcome the clarification provided by the SPD. 5 1.2 Concerns raised about the increase in unjustified dwellings in the 7 countryside. 1.2 Support is provided for the SPD with the comment that there should 67 be no ambiguity as to what is/is not enabled. 1.5 Supports appropriate development that enables succession farming 8 Policy Overview 2.4 Taking the majority control of a farm business is the only reason to 53 permit an isolated dwelling in the countryside. 2.5 The availability of housing to meet local needs will be prejudiced if 68 occupancy restrictions are not applied. 2.7 Supports the NDTLP definition of “rural workers”, but the scope of 9,54 enterprises that could justify a dwelling is not clear. “Other rural enterprises” should be defined. Rural Workers Dwellings 3.1 Support given for rural workers dwellings to be at the related rural 10 enterprise and to use existing buildings and not to be located in isolated locations. 3.2/3.19 The impact of permeant or temporary dwellings on the neighbouring 11,28 area and neighbours should be considered. 3.3 Support given to the required justifications for temporary and 12 permeant rural workers dwellings. Permanent Dwelling 3.4 Agree that proposals for rural workers dwellings should address 13 “other planning requirements”. Functional Need 3.5- 3.10/ Agrees the approach to the functional test. 14,15,16,17,18, 3.14 19, 23 3.8 Concurs that convenience does not contribute to an essential need. 55 3.10 Without a section on Low Impact Dwellings paragraph 3.10 could 81 result in a bias against low impact enterprises, which in there nature are generally smaller that conventional agricultural enterprise, although they often have a need for an onsite presence. 3.11-3.12 Accounts should be validated, suggest that they should be “signed 20,21,22,24 off” by an auditor. Local planning authorities should be appropriately resourced to validate provided accounts. Financial Test Considerations 3.15-3.17 Supports the financial test considerations. It is taken that a permeant 25,26 dwelling will be enabled only to support on ongoing and successful rural enterprise. 3.16 The financial test is unduly onerous; it is unreasonable in that 73 profitability has to be sufficient to support a full time worker. Temporary Rural Dwellings 3.18/3.20/ Supports the approach to temporary rural dwellings and the tests that 27,28,29,30 3.23 in place to justify such a dwelling. However, concerned about
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“unpermitted and creeping development” appropriate enforcement is required. 3.21 Temporary dwellings: clarify that the rural business on which basis the 57 essential need is sought must be proven to be viable and that income from other sources cannot be taken into account with regard to the financial test. Seasonal Rural Dwellings 3.24 Agrees with the approach to seasonal rural dwellings, but indicates 32 the need for the timeframe to be defined and for such to be appropriately monitored. Location and Design Considerations 3.25-3.27/ Agrees with the guidance on location and design considerations in 33,34,35,37,38, 3.29/3.31 respect of siting and size. 39,40,58 3.29 The scale/design of a permitted development should relate to the 56 established need. 3.28 Agrees with the proposed approach with regard to access 36 arrangement s for new or temporary dwellings, but regard must be given to the impact on neighbouring businesses or properties. 3.30 Confused by the reference to ”new dwelling not exceeding the normal 2 size of a dwelling in the locality”. There may not be an appropriate building to respond reflect on. The point relates to design; property sizes are referenced in 3.31 3.32 Agrees with the proposed approach to avoid the escalation of 59 property size. 3.33/3.34 Consider the design principles set out the NPPF (paragraph180), such 79 (NE) as impacts of lighting on landscape and biodiversity. Occupancy conditions, legal agreements and planning obligations 3.35-3.41 Agrees with the proposed approach to controlling occupancy, to 41,42,43,44,45, ensure the dwelling would remain available to meet the need, on 46,47,60,61 which basis it was justified. 3.38 In addition to seeking commencement within 3 years, consider a 3 requirement of completion/capable of occupation with a prescribed period. 3.39 The completion of non-residential buildings used as a justification for 62 a rural workers dwelling. 3.41 Applicants should be required to enter into a legal agreement to 63 prevent the separation of a dwelling from the land and buildings it is required to serve, rather than “may”. 3.42 Agrees with the proposed approach relating to the variation or 48 removal of occupancy condition, but asks, if the property is no longer required, will it be demolished or occupied on a basis unrelated to a rural business. 3.42 If there is no longer a need for the occupancy condition to relate to 64 the originally justifying enterprise, it should be demolished or made available to other rural workers. Additionally, additional rural workers dwellings should not be approved if a dwelling has been separated from the enterprise – rather than “unlikely to be approved. “. 3.42/3.43 Concerned about the flexibility provided by the SPD and the scope for 71 interpretation, particularly in relation to the removal of occupancy Chittlehamholt, conditions. Satterleigh and Warkleigh PC)
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3.43 The option of removing an occupancy condition should not be 65 available. Succession Planning - agricultural holdings 4.1-4.4 Support the approach of Policy DM29, allowing farmer families to live 49,50,51,52 and work on the family holding. 4.3 Clarification is sough as to the outcome of a proposal where there is 66 no building capable of conversion as a result of the sale of such buildings. Other points Appendix 1 The policy is unreasonably restrictive, it will prevent the development 74 of rural communities and it imposes restrictions on occupants not applied to existing residents. Omission Consider making provision for green infrastructure within the SPD. 76 (NE) Omission Consider incorporating features that are beneficial to wildlife. 77 (NE) Omission Provide opportunities for environmental enhancement. 78 (NE) Omission Policy fails to accommodate small holders and those seeking to 72 become self sufficient. Omission Specific guidance should be provided on “Low Impact Development” 82 reflecting a shift to more sustainable farming practices. General If the SPD is subject to significant amendment, in a way which 80 (NE) significantly affects the natural landscape, Natural England should be consulted further. General Support is provided for the SPD. 70 (Braunton PC) General Winkleigh Parish Council unable to provide comments given the 4 timeframe provided.
Comments received 1. A total of 81 comments were received in response to the consultation, provided by 11 respondents. Of the comments submitted, 2 were clearly unrelated to the draft SPD, otherwise, 48 comments indicated support, agreeing with the proposed approach, a further 14 comments indicated support subject to an amendment to the supplementary planning document(SPD), only 7 comments stated an objection with 10 comments being of a general nature.
Consideration of comments received 2. In considering the comments received, it is important to recognise that the SPD can only add further detail to the relevant North Devon and Torridge Local Plan (NDTLP) policies (DM 28: Rural Worker Accommodation and DM29: Farmer Family Attached Accommodation) to aid there use, both by applicants and the local planning authority in decision making. The SPD cannot alter the policy intent or add to its requirements.
3. The following provides an officer response on the above summarised points by each section of the SPD, as raised.
Introduction Welcome the provided supporting comments (rw5, 8 and 67). The concerns (rw7) regarding the increasing number of dwellings in the countryside is noted, however rural workers dwellings are a form of housing enabled to be build in the Countryside by national guidance (NPPF paragraph 79) and need to be clearly justified. No change is recommended in response to the comments made to this section of the SPD.
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Policy overview It is considered unnecessary to be further prescriptive with regard to the definition of “other rural enterprise” as in each case functional and financial tests will have to be met (rw9 and 54). The justification for isolated dwellings is provided by national guidance (NPPF paragraph 79) which includes where there is an essential need for a rural worker to live at or need their place of work and including for those taking the majority control of a farm business (rw53). As set out in paragraphs 3.35 to 3.42 the local planning authority will apply and seek to maintain occupancy conditions on dwellings that are exceptionally permitted (rw68). No change is recommended in response to the comments made to this section of the SPD.
Rural Worker Dwellings Welcome the provided supporting comments (rw10 and 12). The impact of any proposed development will be considered having regard to the relevant policies of the NDTLP, which will include DM01: Amenity considerations and DM08A: Landscape and Seaside Character; it is not considered necessary to specify in the SPD, the range of policies which may be used in considering the proposals for rural workers’ dwellings or famer family attached accommodation (rw11 and 28). No change is recommended in response to the comments made to this section of the SPD.
Permanent Dwelling – support is provided for the need for proposals for rural workers dwellings to address “other planning requirements” (rw13).
Functional Need - welcome the provided supporting comments with regard to the requirements associated with function al need (rw14-19, 23 and 55). It is not accepted that a specific reference is required to “Low Impact Dwellings” in connection with low impact enterprises; the nature of dwellings enabled in isolated locations is clearly defined in national guidance, which is reflected in the NDTLP. Rural workers dwellings, irrespective of their impact cannot be justified in the Countryside if the functional test is not met (rw81).The financial viability of an existing or new rural enterprise will be scrutinised on the basis of a “financial test” as set out in paragraphs 3.15- 3.17 of the SPD. It is considered sufficient that the accounts required in support of a proposed dwelling are provided by “an appropriately qualified person” (rw20-22 and 24).
Financial Test – welcome the supporting comment on the application of the financial test (rw25- 26). It is not accepted that the financial test is onerous; it is appropriate that a rural workers dwelling can be financially sustained by the justifying enterprise, to do otherwise would prejudice the delivery of the dwelling, which have been required to meet a functional need (rw73).
Temporary Rural Dwelling – welcome the supporting comments on the approach to the qualifications required to achieve a temporary rural dwelling. It is not however accepted that such would result in “unpermitted and creeping development”, as temporary dwellings require clear justification and would not move to a permeant dwelling unless all the tests stated in the SPD can be satisfied (rw27-30). With regard to financial viability, any proposal for a temporary dwelling will have to demonstrate that it is planned on a sound financial basis and that the enterprise justifying the accommodation will be in profit within the final year of the consent
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(normally three years), further the SPD is clear (paragraph3.17) in that it is the activities giving rise to the functional need that will need to meet the financial test requirements (rw57).
Seasonal Rural Dwellings – with a supporting comment on the approach to seasonal rural dwellings, it is also proposed that the timeframe for such accommodation should be defined and monitored (rw32). Given the variation that may occur across seasonal work, it is not considered appropriate to define timeframes in the SPD; however timeframes could be set through condition, as appropriate to each consent for a seasonal rural dwelling (rw32). It is recommended to add a reference to the use of conditions to restrict timeframe for the use of such accommodation, where planning permission is required.
Location and Design Considerations – welcome the supporting comments on the proposed location and design considerations (rw33-35, 37-39, 40, 50 and 59). The issue of property size in relation to need is addressed in paragraph 3.30; dwellings are required to meet the functional need and relate to financial viability (rw56). With regard to relating a properties size to those “in the locality”(rw2), it is accepted that such is imprecise and unnecessary with regard to the detail provided in paragraph 3.31, which sets out a range of property size standards; it is recommended that paragraph 3.30 is deleted. It is not considered necessary to add further detail to the SPD in respect of design, which is addressed in paragraphs 3.33-3.34. The listed maters of impact on: neighbouring properties, the landscape and biodiversity will be addressed through other policies of the NDTLP, it is not considered necessary to replicate them in the SPD (rw36 and 79).
Occupancy conditions, legal agreements and planning obligations – welcome the supporting comments (rw41-47, 60-61). With regard to adding a timescale for the completion of a rural workers’ dwelling such is considered to be unnecessary (rw3). Currently the SPD, at paragraph 3.39 provides that the “local planning authority may also consider the use of conditions relating to the prior completion of non-residential buildings….where such have been used as justification for the rural worker’s dwelling.” Given the need for the functional test to be met to achieve consent it is recommended that the paragraph is amended to indicate that the local planning authority will generally use conditions to require the prior completion and operational use of non-residential buildings, where such are essential for the justification of the proposed dwelling (rw62). The following suggestions: applicants should be required to enter into a legal agreement to prevent the separation of a dwelling from its land and buildings; if a rural worker’s dwelling is no longer required it should be demolished and there should not be an option to remove occupancy conditions, cannot be positively considered as they would result in a variation from Policy DM28 (rw48,63-64). It is suggested (rw71) that the SPD affords too much opportunity for interpretation, particularly with regard to the removal of occupancy conditions, this is not accepted; the SPD adds detail to Policy DM28 with regard the tests to be met to justify the removal of a rural worker occupancy condition. It is also proposed (rw64) that if a rural dwelling has been separated from a justifying rural enterprise, a further dwelling “should not” rather that “is unlikely to be approved” should apply, the advocated approach is considered to be too severe, as circumstances relating to the operation of the rural enterprise may have altered and/or the severance may have been historic.
Succession Planning
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Welcome the provided supporting comments (rw49-52). The absence of buildings capable of conversion as a result of sale is not a Policy DM29 requirement. With regard to the provided comment, it is not considered necessary to provide additional detail, it is clear that the policy allows for attached accommodation subject to specified qualifications in respect of occupancy and design and there being no opportunity for rural building conversion on the basis of Policy DM27: Re-use of Disused and Redundant Rural Buildings. No change is recommended in response to the comments made to this section of the SPD.
Other Points It is suggested (rw74) that Policy DM28 is unnecessarily restrictive, this is not accepted. The policy, which has been tested as part of the NDTLP through examination, appropriately accords with national policy (paragraph 79 NPPF). It is necessary to apply occupancy conditions and require qualifying tests to avoid the proliferation of dwellings in the Countryside; other opportunities for dwellings across the rural area are otherwise provided through a range of NDTLP policies, including planned development at Local Centres and Villages and to address local needs at Rural Settlements. Furthermore the approach to enabling rural workers dwellings and the applied restrictions cannot be adjusted through an SPD.
Natural England has made a number of comments (rw76-78), which suggest the need for additional information to be provided within the SPD with regard to: green infrastructure, environmental enhancement and biodiversity. It is not considered necessary to add to the SPD on this basis, as where additional detailed guidance is considered necessary, to add to that provided on such matters in the NDTLP, such will be provided in further topic specific SPD.
As indicated above, it is not considered necessary to make specific reference to “Low Impact Dwellings”; such can be supported if the prescribed tests are met, as is the case with small holdings (rw72 and 82).
Conclusion 4. The majority of comments (59.2%) received in response to the consultation on the draft Rural Workers Dwelling SPD were supportive, with only 8.6% being stated as an objection, although 17.3% indicated support, subject to proposed revisions to the SPD.
In response to the comments received, it is recommended that the below amendments are made to the draft SPD, the basis for the proposed changes are to add certainly to the guidance provided, they do not vary any of the provision set out in the related polices of the NDTLP.
Recommendation 5. It is recommended that the Local Plan Working Group agree the following changes to the draft Rural Workers’ Dwellings Supplementary Planning Document and endorse the document for consideration at North Devon Council Strategy and Resources Committee and Torridge Council’s Community and Resources Committee.
I. Amend paragraph 3.24: Where the functional need for a rural workers’ dwelling is restricted to one season or for a limited period, such as during the lambing season, but operational need cannot be demonstrated throughout the whole year the Councils local planning authority will consider proposals for siting of accommodation for that period,
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the timeframe for which will be conditioned, where planning permission is required. Any temporary accommodation will need to be removed after that period. II. Delete paragraph 3.30: It is recognised that there may be some variance in what constitutes an appropriate size dwelling for a rural worker. It is considered appropriate to assume that the size of a rural worker’s dwelling should not significantly exceed the normal size of a dwelling (excluding farmsteads) in the locality. III. Amend paragraph 3.39: The local planning authority will generally may also consider the use of conditions to require relating to the prior completion and operational use of non- residential buildings, such as intensive breeding units, where such have been used as justification for a rural worker’s dwelling.
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Consultation Responses Leadengate Design Guide - draft supplementary planning document
Paragraph Summary of key Issues Consultee ID (ld)
Overall General Leadengate is an area with unique character which requires 8 protection. I think this document provides a generally good framework to achieve this which should preserve its character for future generations. General The original Leadengate Design Guide was adopted by the Council in 14 2016 - and it would seem to be working. New buildings have generally conformed to the most important requirements of the Guide thereby retaining the character of the area. General I support the plan and its objectives. I did hold a meeting of 18 Leadengate property owners - one point made by others was that Croyde was a village where a lot of the private houses were being converted to holiday lets. Private houses tend to be larger than traditional holiday chalets and increasingly holiday makers tend to want better facilities eg more than one wc or shower /wet room and more spacious bedrooms. Private houses have the space to provide this. Small Leadengate chalets cannot. Introduction 1.7 Developments to date have generally been sympathetic to the 9 location. However it is clear if a proper framework is not maintained the "few instances of complete redevelopment" will turn into many; a consequence of the nature of some selfish people. Appearance and Character 5 The enlargement could cause infrastructure problems, such as roads, 6 drainage and sewage. For years families have been coming to stay at Leadengate and like it for the natural surroundings and simplicity. Planning History and Holiday Occupancy Conditions 6.7 Second homes should be banned, except in areas (if such exist in the 15 UK) where there is a surplus of housing. Second homes lead to an insufficiency of housing for the locals and exorbitant prices local people cannot afford. Holiday makers should occupy hotels, B&Bs, holiday camps or campsites. 7.17 A maximum period should be specified for holiday occupancy as 12 without this it can be used effectively as a permanent residence. This will be exploited by the unscrupulous few and spoil it for the law abiding. Development Principles 7.4 If the height of the houses is allowed to go to 2 storeys, the whole 5 area will become suburbia and this unique area ruined. 7.10 50% of curtilage is too much. These are holiday/short let and second 10 homes. Increasing the size too much would lead to pressure for permanent occupancy. Also if a significant proportion of occupiers took this up it would have a detrimental effect on Leadengate. 7.11 Object to the 50% in increase in size for same reasons as objecting to 11 para 7.10.
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7.15 If homes are being knocked down to be rebuilt, there should be 4 enough car parking spaces allocated. Already in the Fields and the Close there are problems with parking. 7.15 Garages tend to become big storage rooms and then extra bedrooms - 19 which lead to the loss of a parking space - is there anything that can be done to ensure a garage remains a garage and is used only for parking of cars? I have no idea what is permissible but could we have a car port / garage which is not secure and enclosed but which give shelter (in the same way as a open fronted barn does for farm machinery)? 7.16 Any development that leads to increase usage over and above current 13 usage should be blocked automatically. 7.16 Paras 7.13 and 7.15 say the same thing about off road parking 17 provision being preserved. You need to be aware that the verges around the outside edge of Leadengate Fields are owned by the association and not by the owners. The owners are allowed to use them on a license that can be terminated at the will of the Association. Because of the short term nature of occupancy by owners of the dwellings this should not be taken into account in considering parking provision. The parking provision whether on the site or elsewhere needs to be on land "owned" on a long term basis with the property 7.16 I support other comments regarding parking. It is important to ensure 16 that adequate off-road parking remains when properties seek planning approval to be redeveloped. The Council obviously believes, as the majority of owners do, that the character of Leadengate is worthy of special protection and I do hope the Council will adopt the revised Guide. 7 Fully implemented this design guide would help to preserve a very 3 individual area within Croyde. We have hoped to limit the size of rebuilds and extensions to require sufficient parking spaces within the properties relevant to the number of bedrooms. Space is limited here and parking on road causes others to be unable to use their drives and it encourages random parking for beach users etc. Design will always be in the eye of the beholder but by requiring some uniformity (ie cladding, roof levels etc) the ethos of this individual area continues and prevents it being a crammed suburban 'nothing'. Please continue to uphold this design plan. 7 I urge you to take everything into consideration. I'm not against 7 improvements but I think Croyde has its fill of rather large houses. Green Infrastructure Omission This SPD could make provision for GI in line with any GI strategy 21 (NE) covering your area. The NPPF states that local planning authorities should ‘take a strategic approach to maintaining and enhancing networks of habitats and green infrastructure’. Urban green space provides multi-functional benefits. It is also recognised as one of the most effective tools available to us in managing environmental risks such as flooding and heat waves. Greener neighbourhoods and improved access to nature can also improve public health and quality of life. There may be significant opportunities to retrofit green infrastructure in urban environments.
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Omission This SPD could consider incorporating features which are beneficial to 22 (NE) wildlife within development, in line with paragraph 118 of the NPPF. You may wish to consider providing guidance on, for example, the level of bat roost or bird box provision within the built structure, or other measures to enhance biodiversity in the urban environment. Omission The SPD may provide opportunities to enhance the character and 23 (NE) local distinctiveness of the surrounding natural and built environment; use natural resources more sustainably; and bring benefits for the local community, for example through GI provision and access to and contact with nature. It may be appropriate to seek that trees should be of a species capable of growth to exceed building height and managed so to do, and where mature trees are retained on site, provision is made for succession planting so that new trees will be well established by the time mature trees die. Omission The NPPF includes a number of design principles which could be 24 (NE) considered, including the impacts of lighting on landscape and biodiversity (para 180). Other points General As Torridge does not adhere to local plans what is the point in 1 commenting - I live in Ashwater and you did not respect the comments from the village or the local plan when you approved outline permission for 22 houses. General Winkleigh Parish Council resolved that within the limited time scale 2 given to respond, they were unable to provide any meaningful response. General My role as the Police Designing Out Crime Officer (DOCO) is to provide 20 (Devon + appropriate and relevant advice and recommendations to the Cornwall Planning Authority, Developers and Architects with regard to Constabulary) designing out opportunities for crime, the fear of crime, anti-social behaviour (ASB) and conflict within the built environment, an effective method in improving the safety, security and wellbeing of those who will live, work and visit those environments. General A SPD requires a Strategic Environmental Assessment only in 25 (NE) exceptional circumstances as set out in the PPG. While SPDs are unlikely to give rise to likely significant effects on European Sites, they should be considered as a plan under the Habitats Regulations in the same way as any other plan or project. If your SPD requires a Strategic Environmental Assessment or Habitats Regulation Assessment, you are required to consult us at certain stages as set out in the Planning Practice Guidance.
Comments received 1. A total of 25 comments were received in response to the consultation, provided by 10 respondents. Of these comments submitted, 4 were not related directly to the content of the draft SPD. There were 8 comments supporting the proposed supplementary planning document (SPD) including support for maintaining what the previous SPD had achieved. A further 5 comments indicated support subject to an amendment to the SPD, with only 3 comments stating a clear objection. The remaining 5 comments were of a general nature.
Consideration of comments received
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2. In considering the comments received, it is important to recognise that the SPD can only add further detail to the relevant North Devon and Torridge Local Plan (NDTLP) policies (GEO: Georgeham and Croyde Spatial Strategy, ST04: Improving the Quality of Development and DM04: Design Principles) to aid their use, both by applicants and the local planning authority in decision making. The SPD cannot alter the policy intent or add to its requirements.
3. The following provides an officer response on the above summarised points for each section of the SPD, as raised.
Overall and Introduction Welcome the supporting comments provided including the need to maintain the policy approach. No change is recommended to this section of the SPD.
Appearance and Character No enlargement to the site is proposed. The purpose of this SPD includes maintaining the site’s natural surroundings and simplicity. No change is recommended in response to the comments made to this section of the SPD.
Planning History and Holiday Occupancy Conditions The councils and this SPD cannot ban second homes. However, the whole of Leadengate is already restricted so that all properties must be occupied as second homes and cannot be occupied as principal residences. Occupation of these dwellings has always been conditioned so that they cannot be occupied as principal residences, therefore it is considered unnecessary to specify a maximum period for occupation. No change is recommended in response to the comments made to this section of the SPD.
Development Principles The comments to development principles cover two main issues: parking provision and the overall levels of development on each plot.
Several comments mention existing levels of car parking at Leadengate, with a shared desire to avoid any intensification that increases future demand for parking and/or reduces existing provision for off-road parking. The draft SPD currently requires existing off road provision to be retained (paragraphs 7.13 and 7.15) with no increase in floor being permissible where it reduces current parking provision. It is accepted (ld17) that these paragraphs are repetitive; it is recommended that this be rationalised. It is noted that the grass verges outside the properties are owned by the association and not the owners (ld17). Consequently, off road provision does not include parking on these grass verges; it is recommended that this is clarified through additional text.
A concern raised about loss of garages for parking of cars (ld19) is recognised although the ability to control this through the planning system may be limited. When a planning application is submitted, paragraph 7.13 or 7.15 would require retention of existing levels of off road parking provision, which formalises this requirement and seeks to prevent loss of garages.
Criterion (f) of paragraph 7.4 already requires properties to be single storey, which should satisfy the request to prevent 2 storey properties that would ruin the area’s special character (ld5). The scope
4 Page 62 Agenda Item 8 Appendix B for extension of existing dwellings is covered by paragraphs 7.10 and 7.11. Comments indicate that the potential extension to cover the original unit plus 50% of the original curtilage (ld10, ld11) was excessive. It is accepted that this level of expansion cumulatively across the whole of Leadengate would change its character. However, both paragraphs 7.10(b) for extensions and 7.11(b) for rebuilds define the maximum scale of expansion as ‘whichever is the smaller’ of two figures linked to size of the original/existing dwelling and the size of the property’s undeveloped curtilage. However, it is accepted that a 50% threshold is still potentially high and, in light of the responses (ld10, ld11), it is recommended that 50% is reduced to 40% for both extensions and rebuilds.
Changes are recommended to improve clarification and interpretation as to whether existing outbuildings such as garages are included within the calculations for the extent of the existing dwelling. Also, the term ‘original dwelling’ needs to be clarified and defined, or amended to ‘existing dwelling’ for consistency.
Whilst receiving no comments, a further anomaly is identified in the interpretation of paragraph 7.10(b). It means either that an extension can potentially double the size of the existing dwelling and/or the extended dwelling is not larger than that existing. In practice neither of these interpretations is considered appropriate, as either potentially harming the area’s special character or being overly restrictive. It is recommended to amend it so that an extension can be up to 40% the size of the existing dwelling, which is broadly consistent with the scope of rebuilding in paragraph 7.11.
Green Infrastructure Four comments all by Natural England (ld21-24) seek to amend the SPD with additional guidance relating to green infrastructure. These are considered to be fairly generic comments that could be sent in relation to any planning policy document rather than relating to this site. The benefits of green infrastructure are recognised but there are not considered here to be ‘significant opportunities to retrofit green infrastructure in the urban environment’ (ld21). Paragraph 5.14 states that individual feature trees are not a current element of the estate and should be avoided in any landscaping in order to maintain the open character of Leadengate. Consequently, it is unnecessary for the SPD to provide guidance on succession planting so new trees can become established on site (ld23).
Opportunities to incorporate features which are beneficial to wildlife within development (ld22) and design principles from impacts of lighting on landscape and biodiversity (ld24) are important considerations but are not considered necessary to add to this SPD. Where additional detailed guidance is considered necessary to add to that provided on such matters in the NDTLP, further guidance will be provided in separate topic specific SPDs such as those for Design and Biodiversity Net Gain. No change is recommended in response to these comments made to this SPD.
Other Points The final 4 comments are not considered to relate directly to the wording in this SPD.
Conclusion
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4. The majority of comments (68%) received in response to the consultation on the draft Leadengate Design Guide SPD are supportive or neutral comments, with only 12% being stated as an objection, although 20% indicated support subject to proposed revisions to the SPD.
In response to the comments received, it is recommended that the amendments below are made to the draft Design Guide. The basis for the proposed changes are to add clarification and certainly to the guidance provided; they do not vary the policy requirements set out in the related polices of the NDTLP.
Recommendation 5. It is recommended that the Local Plan Working Group agree the following changes to the draft Leadengate Design Guide Supplementary Planning Document and endorse the document for consideration at North Devon Council’s Strategy and Resources Committee and Torridge Council’s Community and Resources Committee.
I. Amend paragraph 7.10: Extensions to a dwelling are permissible with a additional floor area up to either: a. 50% 40% of the curtilage of the property (excluding the floor area of the original existing unit, the floor area of any outbuildings and the off road parking provision); or b. 40% of the equivalent floor area of the existing dwelling (excluding any outbuildings), whichever is the smaller.
II. Amend paragraph 7.11: Rebuilding of a unit, including an increase in floor area, will be acceptable providing: a. The new design respects the character, appearance and height of the original existing building; and b. The new floor area shall not exceed: i. the original floor area of the building(s) to be replaced by more than 50% 40%; or ii. the floor area of the original existing unit (including the floor area of any outbuildings) plus 50% 40% of the original existing curtilage excluding both the off road parking provision and any outbuildings, whichever is the smaller; and c. In all cases the proposal would have to meet the other design principles in this document.
III. Amend paragraph 7.13: Existing off road parking provisions should be retained unless alternative provision is provided within the site. The replacement of an existing unit by a mobile home is not acceptable.
IV. Amend paragraph 7.15: Existing off road parking provisions should be retained unless, with a redevelopment or extension, an alternative equal off road provision can be created. Off road provision does not include any parking provision on the grass verge
6 Page 64 Agenda Item 8 Appendix B outside the dwelling. A reduction in a current parking provision where there is an increase in floor area is not permissible.
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NORTH DEVON AND TORRIDGE LOCAL PLAN 2011-2031 Rural Workers’ Dwellings Supplementary Planning Document (SPD) Adopted January 2020
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Agenda Item 8 Appendix C
V2 | January 2020
If you have any queries or questions relating to this document please get in touch using the details shown below: Torridge District Council North Devon Council Riverbank House Lynton House Bideford Commercial Road EX39 2QG Barnstaple EX31 1DG
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All maps © Crown copyright and database rights 2020 Ordnance Survey 100021929 and 100022736 EUL. You are permitted to use this data solely to enable you to respond to, or interact with, the organisationPage 68 that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form.
Agenda Item 8 AppendixContents C
i Foreword i
1 Introduction 1
2 A Policy Overview 2
3 Rural Workers' Dwellings 3
4 Succession planning – Agricultural Holdings 10
Appendices
Appendix 1: North Devon and Torridge Local Plan 2011-2031 – Policies DM28 & DM29 11
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i Foreword
1 This supplementary planning document (SPD) sets out how North Devon and Torridge District Councils will consider planning applications for rural workers’ dwellings, the Councils’ approach to proposals for the release of conditions restricting the occupation of such dwellings and how succession in agriculture is enabled. The SPD provides additional detail to policy contained in the North Devon and Torridge Local Plan 2011-2031 (NDTLP).
2 The SPD is provided to help applicants interpret and respond positively to the policy requirements established through NDTLP policies: DM28: Rural Worker Accommodation and DM29: Farmer Family Attached Accommodation. Advice is provided to support planning applications for new dwellings associated with existing rural enterprises and temporary accommodation associated with new rural enterprises, which may need a dwelling in the future. The SPD will be used alongside the NDTLP in the decision making process when the Councils consider the referenced forms of development.
3 For clarity, this SPD supersedes the North Devon SPD: Agricultural, Forestry & Other Essential Occupational Guidance (2009). Additionally, while the NDTLP was framed to reflect national planning policy set out in the 2012 National Planning Policy Framework (NPPF), this SPD also looks to the provisions of the 2019 NPPF, which was effective in respect of decision making from the date of publication (February 2019).
4 This SPD was published for public consultation between 26th September 2019 and 8th November 2019. All duly made representations are available to view via the Councils’ Consultation Portal at https://consult.torridge.gov.uk/portal.
5 All representations received on time and relevant to this SPD were considered by North Devon and Torridge District Councils and, where considered necessary, the SPD was amended in response to representations received. The SPD was adopted by the respective Councils on ..., from when it will be used as part of the decision making process on relevant planning applications.
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ii Rural Workers' Dwellings SPD Agenda Item 8 AppendixIntroduction C 1
1 Introduction
1.1 North Devon and Torridge District Councils are preparing a range of documents to assist in the interpretation and application of the policies of the North Devon and Torridge Local Plan (NDTLP).
1.2 The need for additional guidance has been identified (1) with regard to how Policy DM28: Rural Worker Accommodation is to be applied. The policy enables dwellings to be provided in the Countryside to meet a need related to the operational requirements of a rural enterprise. Such proposals, by virtue of their location, are required to be clearly justified on the basis that there is an essential need for a rural worker to be available at most times as part of the operation of a rural enterprise.
1.3 Detailed guidance on the considerations to be applied to agricultural and forestry workers’ dwellings was historically provided by Government guidance available in Annex A of the former Planning Policy Statement 7 (now superseded by the National Planning Policy Framework), which included the application of functional need and financial tests.
1.4 The referenced guidance is no longer available to use. Alternative and updated advice is therefore considered to be necessary to aid the implementation of Policy DM28, particularly with regard to the tests required to justify a new rural worker’s dwelling. This SPD aims to provide guidance on how a planning application for a rural worker’s dwelling will be assessed and what information will be required to accompany a planning application to enable a judgement to be made as to whether the policy tests have been met.
1.5 Guidance is also provided on the application of Policy DM29: Farmer Family Attached Accommodation, which further adds to the limited opportunities for residential development in a Countryside location. The Policy aims to support succession within the agricultural sector by enabling additional accommodation in an otherwise restricted location to accommodate a member of farmer’s family employed on an operational farm without the full justifications required by Policy DM28.
Page 73 1 North Devon and Torridge Local Plan (2011-2031) paragraph 13.157
Rural Workers' Dwellings SPD 1 Agenda Item 8 2 A Policy Overview Appendix C
2 A Policy Overview
2.1 The Planning and Compulsory Purchase Act 2004 at S38(6) requires that if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise.
2.2 In determining the acceptability of proposals for rural workers’ dwellings and to accommodate a family member on an operational farm, the starting point for both North Devon District Council and Torridge District Council are the provisions contained in the adopted development plan; the principal relevant component in this case is the North Devon and Torridge Local Plan 2011-2031.
North Devon and Torridge Local Plan 2011-2031 (NDTLP)
2.3 The NDTLP was adopted by North Devon District Council and Torridge District Council through resolution at meetings of their respective Full Councils on 29th October 2018.
2.4 The spatial strategy for northern Devon is set out in the NDTLP, by Policy ST06: The Spatial Development Strategy for Northern Devon’s Sub-regional, Strategic and Main Centres and Policy ST07: Spatial Development Strategy for Northern Devon’s Rural Area. The spatial strategies make it clear that development will be located at the most sustainable locations in accordance with the settlement hierarchy. In the Countryside beyond defined settlements and Rural Settlements development is limited to that which is enabled to meet a local economic and social need, rural building reuse and development which are necessarily restricted to a Countryside location. This approach is considered to be consistent with paragraph 79 of the National Planning Policy Framework, which advises that local planning authorities should avoid the development of isolated homes in the countryside unless one of five circumstances apply, which includes the essential need for a rural worker, including those taking majority control of a farm business, to live permanently at or near their place of work in the countryside.
2.5 North Devon and Torridge District Councils recognise the need to ensure that the economic welfare of the countryside is not prejudiced by policies of unnecessary constraint and genuine local needs, such as may relate to housing required to support a rural enterprise and in support of agricultural succession, can be accommodated. Justification in both respects is required to enable support to be given for development in the Countryside. The proof in favour of development rests firmly with the applicant in order to justify an exception from the restrictive policies controlling development in the Countryside.
2.6 It is important to note that while this SPD focuses on the implementation of Policies DM28 and DM29, in considering any proposal for rural workers’ dwellings or farmer family attached accommodation, all relevant policies of the NDTLP will be taken into account when determining planning applications.
2.7 The wording of Policies DM28 and DM29, as per the adopted NDTLP, are included for information in Appendix 1. For the purpose of Policy DM28 and this SPD, the NDTLP defines a ”rural worker” as: a person employed in agriculture, forestry or other rural enterprise and, the “Countryside” as the area beyond: (a) development boundaries as identified on the Policies Map and (b) the principal built form and sites allocated for development in defined Settlements without development boundaries and Rural Settlements.
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3 Rural Workers' Dwellings
3.1 Recognising the principles of sustainable development and the broader strategy of the NDTLP, rural workers will usually be expected to be housed in a rural settlement, existing dwellings within the Countryside or have accommodation provided through the conversion of a disused or redundant rural building. In line with national planning policy(2), the NDTLP recognises that exceptionally there are occasions when the provision of a new dwelling in the Countryside to house a rural worker might be justified to support the operational requirements of an enterprise.
3.2 Policy DM28 enables the provision of a new dwelling to house a rural worker where it can be demonstrated that there is an essential operational need for a worker to be at or near the location of the rural enterprise. For a new dwelling to be considered acceptable, compelling evidence will be required to demonstrate the essential operational need for the dwelling and that such can only be achieved through the construction of a new dwelling; the tests that must be satisfied are set out in Policy DM28 and expanded upon through this SPD.
3.3 New permanent dwellings are only likely to be permitted to support well established rural enterprises, prior to which temporary accommodation may be enabled to support a newly created enterprise.
Permanent Dwelling
3.4 New permanent dwellings will be supported on well established rural enterprises subject to the demonstration of the following:
I. there is a clearly established existing functional need (see below); II. the need for a full time worker throughout the year (an annual average of at least 37 hours per week) on the site of the enterprise, including a requirement for unsocial hours and being “on call” in case of emergencies; III. the rural enterprise has been established for at least three years and has been profitable in at least one of those three years, is currently financially sound and has a clear prospect of remaining so (see paragraph 3.15 below); IV. the functional need could not be fulfilled by another existing dwelling on the enterprise, or any other existing accommodation in the area which is suitable and available for the occupation of the worker(s) concerned; and V. other planning requirements, e.g. in relation to access, impact on the countryside, are satisfied.
Functional Need
3.5 It is important to establish a functional need from the outset and the local planning authority will look carefully at the presented evidence.
3.6 Before permitting a new dwelling for a rural enterprise there must be a demonstration that it is essential for the proper functioning of the enterprise for one or more worker to be readily available at most times at or near the place of work (NDTLP Policy DM28 (1) (a)). Whether this is essential in any particular case will depend on the operational needs of the enterprise.
3.7 To establish a functional need the following requirements must be satisfied:
Page 75 2 National Planning Policy Framework (February 2019) Paragraph 79
Rural Workers' Dwellings SPD 3 Agenda Item 8 3 Rural Workers' Dwellings Appendix C
I. a genuine need to live on the site and to be available at short notice at all times rather than living in a nearby centre or village; II. it is not possible for the rural enterprise to run effectively without having the worker living on site; III. no one undertaking the essential functional work already lives at the rural enterprise, or insufficient provision exists if there is a functional need for more than one worker; IV. there is no dwelling available at the rural enterprise for occupation by the worker and there is no possibility of adapting a building at the rural enterprise; and V. there is no suitable and available dwelling in a nearby village available for occupation by a worker who is required to provide the functionally essential service.
3.8 The functional test requires an evaluation of risk. The policy test is not about ease, convenience or personal preference; it is about whether there is an “essential need” for the worker to be resident on site for the enterprise to function properly. It is recognised that many activities can be carried out more conveniently if a worker lives on site; convenience does not however constitute an essential need and will not therefore justify a need for a new dwelling.
3.9 In assessing whether an enterprise requires a resident worker, consideration will be given (amongst other things) to: the scale and nature of the enterprise, the potential for things to go wrong which would require attention unexpectedly or at short notice; the frequency of such events; the period of time over which a need may occur and the accessibility and suitability of nearby accommodation. It will be necessary to demonstrate the need for a rural worker at or in close proximity to their place of work to ensure the effective operation of the rural business (for instance where farm animals or agricultural processes require on-site attention 24-hours a day and where otherwise there would be an identified risk to human or animal health or from crime, or to deal quickly with emergencies that could cause serious loss of crops or products). Plenty of enterprises operate without the need for a resident worker and with prudent and careful management do not need a worker to be accommodated on site. The risk of problems occurring, or the need for rapid intervention, needs to be of a scale that cannot be addressed by an off-site worker for a dwelling to be justified at the rural enterprise. The need for a security presence will not on its own normally form an acceptable basis to justify a new dwelling.
3.10 The scale of the enterprise is also relevant. While all rural enterprises may have occasional problems, the frequency and timing of incidents mean that small-scale enterprises are less likely to justify the need for a dwelling. During the working day, the existing workforce would provide any required supervision of livestock or processes within the rural enterprise and out of normal hours, regular checking in line with good management practice and the use of modern technology (CCTV/alarms etc.) may meet any supervisory needs. Only where it is essential for the proper functioning of the enterprise, for the worker to be readily available at most times of the day and night, will a functional need for a dwelling be established.
3.11 If a dwelling is to be permitted for a rural worker then their involvement should effectively be full time. The fact that an enterprise needs more than one worker to run it does not mean that one or more dwellings will be permitted. To assess whether an essential need relates to a full time worker an assessment of standard man days based on figures from budget books (such as Farm Management Pocketbook/Agricultural Budgeting and Costing Book/Nix) will be undertaken to estimate the amount of labour input an enterprise requires. If budgeting books are not applicable, other estimates (e.g. from recorded hours) may be appropriate to use.
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3.12 When a statement is prepared by an agent or consultant to inform an assessment of the extent of any functional need, the statement should present the evidence without drawing any firm conclusion or recommendation as to whether a new rural worker’s dwelling is justified. An agent’s conclusion that a functional need has been established will not be accepted, as the determination of functional need is a judgement to be made by the local planning authority.
3.13 Furthermore, prior to the acceptance of a new dwelling (temporary or permanent) the local planning authority will need to be satisfied that any accommodation requirements could not be alternatively provided, either on the unit or in the vicinity (in a near by centre or village), subject to availability and suitability. If there is a dwelling within the confines of the rural enterprise then unless there is a need for a second resident worker it is unlikely that consent will be granted for an additional rural worker’s dwelling. If a second dwelling is justified and there is a building capable of conversion the local planning authority will expect it to be converted in preference to the erection of a new dwelling subject to the building being suitably located to ensure functional needs are met. If there is a dwelling for the unit occupied by someone not engaged in the rural enterprise, then a further dwelling is unlikely to be justified.
3.14 If a potentially suitable dwelling or building capable of forming one has been disposed of within the last 10 years, such will generally be regarded as prima facie evidence of a lack of need and will make it unlikely that a subsequent application for a new dwelling will be supported.
Financial Test Considerations
3.15 If a functional need has been established for a permanent dwelling then it will be necessary to confirm that the operation which has generated the need for a resident worker is economically viable and there is a realistic prospect of it remaining so. A financial test is necessary for this purpose, which will allow the local planning authority to come to a judgement on the viability of the enterprise and the size of dwelling which the enterprise can sustain. Detailed and up to date accounts, verified by an appropriately qualified person, will be required to be submitted for scrutiny. An agent’s summary of trading activity with the conclusion that the enterprise is financially sound will not be accepted, as the determination of financial soundness is a judgement to be made by the local planning authority.
3.16 The local planning authority through the consideration of provided financial information will have to be satisfied that the on-going profitability of the enterprise is sufficient to sustain the worker living on the site, on the basis of wage levels at least equivalent to the National Minimum Wage(3)and fund the proposed dwelling.
3.17 Rural enterprises may comprise a number of activities which contribute to the overall viability of the business; demonstrating overall profitability is however unlikely to be sufficient to meet the policy test. It will be necessary to demonstrate that the activities giving rise to the functional need to live on site meets the financial test requirements.
Temporary Rural Dwellings
3.18 NDTLP Policy DM28 also allows consideration to be given for a temporary dwelling to support a rural enterprise which is not well established, with such accommodation normally being a caravan or mobile home. The provision of temporary accommodation, normally over a three year period, offers the opportunity for the enterprise to become established while enabling operational needs to be met and confirmed prior to progression to a permanent dwelling if justified.
Page 77 3 National Minimum Wage: https://www.gov.uk/national-minimum-wage-rates
Rural Workers' Dwellings SPD 5 Agenda Item 8 3 Rural Workers' Dwellings Appendix C
3.19 The operational need for a temporary dwelling will need to be demonstrated on the same basis as a permanent dwelling. The following will be expected to accompany a planning application for a temporary rural worker’s dwelling:
I. demonstration of an essential functional need for a resident worker arising from the enterprise (see paragraphs 3.5 - 3.14); II. clear evidence of a firm intention and ability to develop the enterprise concerned; III. clear evidence that the enterprise has been planned on a sound financial basis, with a business plan provided; IV. evidence that the functional need could not be fulfilled by another existing dwelling on the business unit, the absence of a building capable of conversion suitable for the required use or any other existing accommodation in a nearby village or centre which is suitable and available for occupation by the worker(s) concerned; and V. other general planning requirements that would apply to any dwelling being met.
3.20 It is recognised that the eventual viability of a new business will only become clear after a trial period, the temporary provision of a dwelling in a Countryside location will however only be approved where there is a realistic prospect of the business thriving and being able to support a permanent dwelling.
3.21 The applicant will be required to set out how the enterprise is intended to develop, taking into account such matters as whether the proposal depends on rented land, on future buildings for which planning permission is needed or on an income not generated through the enterprise.
3.22 It will be necessary to demonstrate that a new enterprise is planned on a sound financial basis. It is for the applicant to demonstrate sound financial planning to the local planning authority. An application for a temporary dwelling should normally be accompanied by a detailed a business plan, which includes budgets and projections. Evidence of a firm intention and ability to develop the enterprise must also be provided. The provided evidence should be able to demonstrate that the enterprise justifying the temporary accommodation will be in profit within the final year of the temporary consent to the extent that it could support a permanent dwelling.
3.23 The period for which the temporary permission is granted will be made clear (usually three years) together with the fact that a temporary dwelling will have to be removed and any other requirements that will have to be met. Successive extensions to a temporary permission over a period of more than three years will not normally be granted and temporary permissions will normally only be granted in locations where a subsequent permanent dwelling would be allowed.
Seasonal Rural Dwellings
3.24 Where the functional need for a rural workers’ dwelling is restricted to one season or for a limited period, such as during the lambing season, but operational need cannot be demonstrated throughout the whole year, the local planning authorities will consider proposals for siting of accommodation for that period, the timeframe for which will be condirtioned where planning permission is required. Any temporary accommodation will need to be removed after that period
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6 Rural Workers' Dwellings SPD Agenda Item 8 Rural Workers'AppendixDwellings C 3
Location and Design Considerations
Siting
3.25 The location of a rural worker’s dwelling required in respect of an agricultural holding, should be the most suitable to meet the identified functional need. The sitting of any new dwelling, whether temporary or permanent will be expected to be visually as well as functionally related to the main farmstead buildings. A location away from exiting farmstead buildings, accessed separately from those buildings, in an isolated location, remote from the activities it is designed to support or in a visually intrusive location is unlikely to be acceptable.
3.26 For non-agricultural enterprises, the dwelling should be sited so as to meet the needs of the business it serves. It should be well related to the enterprise being supported and be sited where the occupier can readily provide the necessary functional support to the enterprise. As with dwellings provided to support an agricultural holding, dwellings provided to support a non-agricultural rural enterprise, will be resisted where the site is in an isolated location, remote from the activities it is designed to support or in a visually intrusive location.
3.27 If a temporary dwelling is to be provided then its position will be expected to be close to the location of any subsequent permanent dwelling on the basis that it would be preferable not to have to move the temporary structure in order to construct a permanent dwelling, if a need for such is established.
Access
3.28 Subject to safety considerations, access to a new dwelling or accommodation provided on a temporary basis, enabled to meet an operation need should be shared with the farmstead or rural enterprise to which it relates. The basis for this approach is to avoid the proliferation of access points on to the highway network; it reduces the scale of development and it aids security and better binds the dwelling to the enterprise. Any access arrangements should provide sufficient capacity to accommodate the size and volume of vehicles that may reasonably be expected to require access to the enterprise.
Size
3.29 Dwellings should be designed to meet the functional need of the enterprise they serve and relate to the financial viability of the enterprise that supports it. Dwellings that are unusually large in relation to the rural enterprise, or unusually expensive to construct in relation to the income it can sustain in the long term will not be permitted.
3.30 Normally a 3 bed dwelling would extend to about 102m2 and a 4 bed dwelling 124m2 (gross internal area)(4); which are considered to be adequately sized dwellings. It is however recognised that housing for an agricultural worker may include additional space requirements, such as a boot room, utility and ground floor shower room; and only in respect of the principal dwelling on a holding further space may be required to accommodate an office. It is anticipated that such needs could be accommodated within a 15% uplift to either 117m2 (3 bed dwelling) or 142m2 (4 bed dwelling). Any uplift in property size beyond the standard must be justified, on a business basis, clearly in respect of supporting the operational needs of the related enterprise and importantly demonstrate that it must be able to be financially sustained by the
4 Technical housing standards – nationally describedPagespace standard79 (Table 1 – minimal gross internal floor area and storage (m2)
Rural Workers' Dwellings SPD 7 Agenda Item 8 3 Rural Workers' Dwellings Appendix C
enterprise and in the long term continue to be financially accessible as a rural workers’ dwelling. For the avoidance of doubt, any uplift from the floorspace standards (102m2 and 124m2) would not be supported, if proposed simply to provide additional living accommodation.
3.31 Planning permission may be granted subject to conditions removing some of the permitted development rights under Part 1 and Part 2 of the Town and Country Planning Act (General Permitted Development Order) 2015 for development within the curtilage of the dwelling house. Such conditions may be used to avoid the dwelling exceeding a size that could be justified by the functional requirement, and affect the continued viability of maintaining the property for its intended use, given the income the rural enterprise can sustain. Additionally, it is important to ensure that the dwelling will continue to be financially accessible to potential future occupants who would meet restricted occupancy requirements.
Design
3.32 Design considerations for rural workers’ dwellings, as with all development proposals will be considered with regard to the NDTLP Policy DM04: Design Principles, which clearly set out that all development to be expected to be of high quality.
3.33 The design of a new building will need to be appropriate to its location; it should be integrated with the landscape, take account of the characteristics of adjacent buildings.
Occupancy conditions, legal agreements and planning obligations
3.34 If a rural worker’s dwelling is granted planning permission, whether on a permanent or temporary basis, the local planning authority will normally control occupancy by a planning condition on the planning permission. The condition will ensure the property remains available to meet the need for which it was permitted, either by serving the holding for which the functional need was satisfied or the wider agricultural community if that specific need no longer exists and is not sold or rented to occupants who are not rural workers.
3.35 The restriction will limit occupation to those wholly or mainly working, or last working in the locality, in agriculture, forestry or a specified rural occupation, or a widow or widower of such a person and any resident dependants.
3.36 If the rural workers’ dwelling is not the sole dwelling on the rural enterprise, the local planning authority may additionally impose occupancy restrictions on all other existing dwellings at the rural enterprise. The general presumption will be that an occupancy condition will be applied to any existing dwellings to ensure they are not able to be severed from the rural enterprise for which an operation need has been identified. The considerations that will be taken into account when determining the local planning authority’s approach will include such matters as the particular needs of the rural enterprise and where there appears to be a significant threat of severance or asset stripping.
3.37 Planning permission is usually subject to a time limit requiring development to commence on the basis of a “building operation”(5) within three years of the granting of consent. In the case of dwellings determined to be necessary to meet a functional need, development will be required to commence within one year of the grant of consent; failure to implement the consent may be taken as evidence of a lack of need for a dwelling for the rural worker.
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8 Rural Workers' Dwellings SPD Agenda Item 8 Rural Workers'AppendixDwellings C 3
3.38 The local planning authority will generally use conditions to require the prior completion and operational use of non-residential buildings, such as intensive breeding units, where such have been used as justification for a rural worker’s dwelling.
3.39 The Councils will periodically monitor the occupation of rural workers’ dwellings. If accommodation granted on a temporary basis is found to be unoccupied, it may be assumed that there is no essential need to live on site if an application for a permanent dwelling is subsequently submitted to the local planning authority. If permanent dwellings are occupied other that in accordance with their occupancy conditions, enforcement action will normally be taken.
3.40 The local planning authority may also require applicants to enter into a legal obligation to prevent the separation of the dwelling from the land and buildings it is required to serve without express consent of the local planning authority; where for example the business is considered to be potentially transient and would be easily moved (e.g. bird rearing) or where the applicant has a history of severance. Such agreements are intended to prevent fragmentation of viable farm units for which a dwelling has been permitted to serve a functional need. The local planning authority will however be supportive of appropriately justified applications to vary such agreements, for example, to enable the subdivision of a substantial farming enterprise between family members which allows for the continued profitable operation of the both elements.
Application to vary or remove occupancy conditions
3.41 To prevent the proliferation of dwellings in the Countryside there is an expectation that the occupation of dwellings exceptionally permitted on the basis of addressing a functional need will be restricted on a long term basis. The removal of an occupancy condition imposed on a rural worker’s dwelling will only be enabled where it is clearly demonstrated that there is no existing or long term demand for the dwelling with the attached condition. It is worth noting that if there is a separation of a dwelling from the rural enterprise which justified the rural worker’s dwelling, a subsequent application for an additional rural worker’s dwelling is unlikely to be approved.
3.42 An application that seeks the removal of an occupancy condition on a rural worker’s dwelling will be expected to provide evidence which demonstrates a lack of demand for the property in the locality through a robust marketing exercise. Applicants will be expected to submit evidence of unsuccessful attempts to sell the property with the encumbrance of the occupancy restriction and prove that the marketing has been correctly targeted, financially realistic and sustained for at least 18 months. The marketing strategy, along with the price at which the dwelling will be marketed should be agreed in writing with the local planning authority prior to the commencement of the marketing exercise. For the purpose of the marketing exercise the qualification of “in the locality” will relate to the host and adjoining parishes for the first 12 months; if the property remains unsold or let during this time, the qualification area will be extended to the relevant local planning authority area for a further 6 months.
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4 Succession planning – Agricultural Holdings
4.1 NDTLP Policy DM29: Famer Family Attached Accommodation, extends housing options on working farms to aid succession to the next generation of famers; in the interest of the long term sustainability and longevity of the sector. The policy enables family members of the farmer, who are employed on the farming unit, to reside on the holding without the need for full compliance with the functional and financial tests that are required to be met to justify a rural worker’s dwelling. Furthermore, while other provisions of the NDTLP (Policy DM25: Residential Extensions and Ancillary Development) provide for annex accommodation, Policy DM29, is clear in that self-contained accommodation is enabled, which allows for a greater degree of distinction in respect of such matters as amenity space, parking and access arrangements.
4.2 The policy enables further accommodation to be provided as an extension, if it is not possible to convert an on-site redundant rural building, as enable through Policy DM27: Re-use of Disused and Redundant Rural Buildings.
4.3 Policy DM29 sets out the criteria that are required to be met to enable such proposals. Significantly, in comparison with the requirements associated with rural workers’ dwellings functional and financial tests are not required to justify the accommodation. Evidence in support of a proposal for such accommodation, will however be required on the following basis:
I. the absence of a building capable of conversion, as enabled by Policy DM27; II. the family connection between the intended occupants and the farmer; III. one of more of the intended occupants of the attached accommodation are employed on the holding at a level equivalent to at least one full time worker; and IV. there is an operational agricultural enterprise on the holding.
4.4 Where consent is granted, a planning condition will be applied restricting occupancy of the accommodation to members of the farmer’s family directly employed on the farm holding.
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10 Rural Workers' Dwellings SPD Agenda Item 8 North Devon and Torridge Local Plan 2011-2031 – PoliciesAppendix CDM28 & Appendix DM29 1:
Appendix 1: North Devon and Torridge Local Plan 2011-2031 – Policies DM28 & DM29
Policy DM28: Rural Worker Accommodation
(1) Proposals for the provision of accommodation in the countryside for a rural worker will be supported where:
(a) it can be demonstrated that there is an essential operational need for a full time worker to be resident at or near the place of work;
(b) the size and nature of the development is such that it can be sustained by the scale of the operation, reflective of the location and setting and proportionate to the needs of the intended occupants;
(c) the accommodation needs cannot be met by any other means including:
(i) accommodation in a nearby settlement; or
(ii) by an existing dwelling at or near the site; or
(iii) through the conversion of a suitable redundant or disused building on site; and
(d) appropriate highway access can be provided.
(2) Where the enterprise is well established, of a sufficient size to support a full-time worker, economically viable and has clear prospects of remaining so, support will be given to the provision of a permanent new dwelling.
(3) Where the enterprise does not meet the criteria set out to support the provision of a new permanent dwelling, the provision of temporary accommodation will be considered for an initial period of three years.
(4) New accommodation provided for rural workers will be, and all existing dwellings at the rural business may be, subject to occupancy restrictions and, where it is felt appropriate by the Local Planning Authority, may be subject to a legal agreement tying its use to the specific rural business.
(5) Applications for the removal of occupancy conditions or ties on dwellings for rural workers will only be permitted where there is compelling evidence to demonstrate that such a restriction is no longer justified.
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Rural Workers' Dwellings SPD 11 Agenda Item 8 Appendix North Devon and Torridge Local Plan 2011-2031Appendix– Policies C DM28 & 1: DM29
Policy DM29: Farmer Family Attached Accommodation
Provision of a self-contained residential unit for occupation by members of the farmer's family employed on the working farm will be supported, subject to:
(a) the form, scale, setting and design of the proposal respecting existing development, its context, setting and surroundings;
(b) the accommodation needs are unable to be met through the conversion of a suitable existing redundant or dis-used building on site;
(c) the accommodation being commensurate in scale to the needs of the intended occupants;
(d) the accommodation is attached to the main dwelling; and
(e) a planning condition restricting occupancy to members of the farmer's family directly employed on the farm holding.
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12 Rural Workers' Dwellings SPD Agenda Item 8 Appendix C
PAGE INTENTIONALLY LEFT BLANK
Page 85 Agenda Item 8 Appendix C
Torridge District Council North Devon Council Riverbank House Lynton House Bideford Commercial Road EX39 2QG Barnstaple EX31 1DG [email protected] [email protected] 01237 428700 01271 388288
Page 86 Agenda Item 8 Appendix D
NORTH DEVON AND TORRIDGE LOCAL PLAN 2011-2031 Leadengate Design Guide SPD Supplementary Planning Document (SPD) Adopted January 2020
Page 87 V2 | January 2020
Agenda Item 8 Appendix D
V2 | January 2020
If you have any queries or questions relating to this document please get in touch using the details shown below: Torridge District Council North Devon Council Riverbank House Lynton House Bideford Commercial Road EX39 2QG Barnstaple EX31 1DG [email protected] [email protected] 01237 428700 01271 388288
All maps © Crown copyright and database rights 2020 Ordnance Survey 100021929 and 100022736 EUL. You are permitted to use this data solely to enable you to respond to, or interact with, the organisationPage 88 that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form.
Agenda Item 8 AppendixContents D
i Foreword i
1 Introduction 1
2 About This Document 2
3 A Policy Overview 3
4 The Setting of Leadengate 4
5 The Appearance and Character 5
6 Planning History and Holiday Occupancy Conditions 7
7 Development Principles 9
Appendices
Appendix 1: Appeal Decision for 36 Leadengate Close (3 July 2012) 12
Appendix 2: Appeal Decision for 2B Leadengate Close (6 March 2013) 15
Appendix 3: Location Plan 19
Appendix 4: Site Plan 20
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Leadengate Design Guide SPD Agenda Item 8 Contents Appendix D
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Leadengate Design Guide SPD Agenda Item 8 AppendixForeword D i
i Foreword
1 This supplementary planning document (SPD) is a design guide for the Leadengate Fields and Leadengate Close in Croyde. It supersedes the previous Leadengate Design Guide prepared by the local community that was adopted in July 2016.
2 This supplementary planning document (SPD) sets out how North Devon and Torridge District Councils will ensure future development at Leadengate recognises and respects the character which makes Leadengate special. The SPD provides additional detail to relevant policies contained in the North Devon and Torridge Local Plan 2011-2031 (NDTLP).
3 The SPD is provided to help applicants interpret and respond positively to the policy requirements established through NDTLP Policy GEO: Georgeham and Croyde Spatial Strategy, where criterion (d) where help to deliver the spatial strategy through protection of the character of the conservation area and other distinctive character areas in villages such as Leadengate in Croyde. Other relevant NDTLP policies include Policy ST04: Improving the Quality of Development and DM04: Design Principles. The SPD will be used alongside the NDTLP in the decision making process when the Councils consider development proposals at Leadengate.
4 For clarity, while the NDTLP was framed to reflect national planning policy set out in the 2012 National Planning Policy Framework (NPPF), this SPD also looks to the provisions of the 2019 NPPF, which was effective in respect of decision making from the date of publication (February 2019).
5 This draft SPD was published for public consultation between 26th September 2019 to 8th November 2019. All duly made representations are available to view via the Councils’ Consultation Portal at: https://consult.torridge.gov.uk/portal .
6 All representations received on time and relevant to this SPD were considered by North Devon and Torridge District Councils and, where considered necessary, the SPD was amended in response to received representations. The SPD will then be adopted by North Devon Council on ...., from when it will be used as part of the decision making process on relevant planning applications.
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ii Leadengate Design Guide SPD Agenda Item 8 AppendixIntroduction D 1
1 Introduction
1.1 Following on from some development proposals and the subsequent appeal decisions (Appendices 1 and 2) when the Inspectors acknowledged and realised the importance of the character of this estate, the Owners Association of Leadengate Fields Limited (hereafter referred to as OALF), decided thata Design Guide should be prepared in order to protect the key characteristics which made the Leadengate estate special and to guide and assist the design process of future proposals.
1.2 A Leadengate Design Guide was prepared, consulted upon and formally adopted in July 2016, since when it has been used as a Development Management tool for the preparation and determination of planning applications. Following the formal adoption of the North Devon and Torridge Local Plan in October 2018, that SPD needs to be reviewed to supplement policies within the new Local Plan.
1.3 The process assessed the area to evaluate its special character and features that makes it distinctive and to define some design criteria that can be used to guide future development proposals to preserve and enhance that which makes the area special.
1.4 The intention is that this amended Design Guide will be embraced by the local decision makers at both the Parish Council and local planning authority levels, where it can continue to be used as a tool for the consideration of development applications to protect the overall character of the Leadengate estate.
1.5 Leadengate is a relatively simple area to appreciate and understand. Its unique quality and appearance is readily apparent as one enters the estate. Although there was a small amount of pre-war development, its history really begins in the late 1940s when planning consent was granted for the development of the two fields adjacent to the already existing NALGO holiday camp to the south west of Croyde. Leadengate Fields was developed first followed in the early 1960s by Leadengate Close. The character of the area has remained relatively unchanged since that time with the majority of the properties reflecting the area's originally character.
1.6 Change has occurred from simple actions such as re-roofing, re-glazing and recladding of the walls, to a few instances of complete redevelopment. Fortunately the latter have been in a minority and currently do not detract from the overall appearance of the estate.
1.7 Development at all scales can have significant impacts on the character and appearance of the area. The intention with this document is not to prevent development and change, but to offer guidance to ensure that future proposals recognise and respect those features that make Leadengate special. It will assist with ensuring future development here enhances the character of Leadengate and leaves a positive legacy for the future.
1.8 This document recognises the key characteristics of Leadengate. The Development Principles set out at the end of the document (section 7) provide guidance to which everybody with an involvement in the decision making process should have regard.
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Leadengate Design Guide SPD 1 Agenda Item 8 2 About This Document Appendix D
2 About This Document
2.1 A Leadengate Design Guide was formerly adopted by North Devon Council in July 2016 as a supplementary planning policy document for use in providing pre-application advice to potential developers, and in the determination of planning applications relating to the area. OALF supported and welcomed adoption of this document.
2.2 This Design Guide relates solely to a specific part of the built up area of Croyde: Leadengate Fields and Leadengate Close as defined on the location plan (Appendix 3). For the purposes of this document, the area will be referred to collectively as Leadengate unless there is specific need to differentiate between the two different parts.
2.3 The area has a special appearance and character which needs to be clearly recognised and sustained. This distinctive character was succinctly described in the Appeal Decision letter relating to 36 Leadengate Close (Appendix 1).
2.4 The purpose of this document is to identify and describe those factors which provide specific guidance for persons wishing to carry out works, including possible new development proposals. It will also create a better understanding of the important key design elements that should inform the basis for new development proposals.
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2 Leadengate Design Guide SPD Agenda Item 8 A PolicyAppendixOverview D 3
3 A Policy Overview
3.1 The Planning and Compulsory Purchase Act 2004 at S38(6) requires that if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise.
3.2 In determining the acceptability of proposals at Leadengate, the starting point for both North Devon District Council and Torridge District Council are the provisions contained in the adopted development plan; the principal relevant component in this case is the North Devon and Torridge Local Plan 2011-2031.
North Devon and Torridge Local Plan 2011-2031 (NDTLP)
3.3 The NDTLP was adopted by North Devon District Council and Torridge District Council through resolution at meetings of their respective Full Councils on 29th October 2018.
3.4 The NDTLP includes Policy GEO: Georgeham and Croyde Spatial Strategy where criterion (d) where help to deliver the spatial strategy through protection of the character of the conservation area and other distinctive character areas in villages such as Leadengate in Croyde. Other relevant NDTLP policies include Policy ST04: Improving the Quality of Development and DM04: Design Principles.
3.5 Leadengate lies within the designated Area of Outstanding Natural Beauty and Heritage Coast. It is therefore designated as Article 2(3) land for the purposes of the General Permitted Development Order. This means that the works of alteration and extension to a property are more restricted than is normally acceptable under ‘permitted development’. NDTLP Policy DM08A: Landscape and Seascape Character will protect the landscape character of the wider designated landscape.
3.6 It is important to note that while this SPD focuses on the design of development at Leadengate, all relevant policies of the NDTLP will be taken into account when determining planning applications. Consideration will also be given to the National Planning Policy Framework and the Planning Practice Guidance.
Georgeham Neighbourhood Plan
3.7 Georgeham parish is designated as a neighbourhood area and a Georgeham Neighbourhood Plan is currently being prepared. Once this neighbourhood plan has been ‘made’ (formally adopted), all relevant policies within it will be taken into account when determining planning applications.
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Leadengate Design Guide SPD 3 Agenda Item 8 4 The Setting of Leadengate Appendix D
4 The Setting of Leadengate
4.1 Croyde is one of the key holiday destinations of the North Devon Coast. It contains a variety of camping, touring and static caravan sites, hotels and boarding houses and self-catering accommodation as well as residential properties. Leadengate is situated to the southwest of the village itself just off of the main southerly approach of the coastal road from Braunton.
4.2 Notwithstanding this it retains its character as a small coastal village. The village offers a range of facilities providing for the day to day needs of the permanent residents and visitors. The nearest retail facilities to Leadengate are in the village. The nearby Unison complex offers restaurant and bar facilities for non-residents. A wider range is also available in the village and its surrounds.
4.3 Whilst visually the Leadengate area is seen as a single entity, as set out above the two parts of the estate were developed separately.
4.4 Leadengate Fields was built initially followed then by Leadengate Close. Together they have a unique and singular charm that has no equivalent in the village nor indeed in North Devon.
4.5 The importance of the visual character and uniqueness was emphasised by the Planning Inspector in the Appeal decision letter (Appendix 1) in relation to the proposed rebuilding of 36 Leadengate Close:
“…… This type of holiday development might not be unique in the country, but in my opinion it is of sufficient rarity and historic interest to be worthy of careful protection."
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5 The Appearance and Character
5.1 Leadengate portrays a character synonymous with the traditional sea-side chalet accommodation of the ‘golden age’ of post war British holidays. This is more so with the Close than the Field. In the latter more change has occurred but the overall impression of the special character remains intact.
5.2 The majority of the properties on the estate are timber framed with timber cladding or rendered walls. There have been a small number of rebuilds or replacement buildings the majority of which have sought to maintain the character and appearance of the original.
5.3 However there are examples where the use of brick walling and concrete tiles have resulted in units that reflect more the appearance of the ubiquitous suburban bungalow than the original holiday chalet appearance.
5.4 One of the units in the Close has been replaced with a contemporary prefabricated log cabin which has little to relate it in appearance to the surrounding development. This unit is secluded at the end of the Close cul-de-sac and not directly in the public realm. This example succinctly demonstrates the need for establishing these design principles to assist in future development management decisions.
Materials
5.5 As stated above the range of materials for the original development was a fairly restricted palette with artificial slate roofs, rendered (both smooth and textured) or timber clad walls and timber window and door joinery.
5.6 In recent years this range has been extended to include UPVC window and door joinery and ‘artificial’ timber cladding. Generally these have not detracted from the overall character and appearance of the estate.
5.7 The roof cladding and pitch are important elements in establishing the holiday character as a holiday estate. The introduction of modern patterned concrete tiles and increasing the roof pitch to provide further internal accommodation introduces elements from suburban housing estates prevalent elsewhere in the village but not relevant to the character of this estate. These elements should be avoided if the estate is to maintain its distinctive appearance. Roof pitch is considered further in section 7.4 (g-h) below.
5.8 There is no uniform colour for the external walls (although pastel shades predominate) which again contributes to the holiday feel of the area. Regard should be had to this when rebuilding/re-cladding or even just decorating the exterior.
The Plots
5.9 Practically all the units are detached properties sited in their own plots providing amenity curtilage to all four sides. This arrangement allows for off road parking which then means that the car does not intrude greatly into the street scene. The buildings themselves have strong and prominent building lines to the front elevations.
5.10 Garden boundaries are defined by low walls and/or fences and hedges. The heights of these boundary elements are another important feature in the established street scene. It is likely that if the units were allowed permanent residential use there would be greater requirement to increase the heights of these boundaries to ensure privacy. Page 97
Leadengate Design Guide SPD 5 Agenda Item 8 5 The Appearance and Character Appendix D
5.11 Another important visual detail is the lack of pavements with the edge of carriage way being defined primarily by narrow grass verges. These together with the generally single track service roads contribute to the informality of the estate. In Leadengate Fields they also have a practical safety element, providing a refuge for pedestrians. Whilst parts of the verges in the Field have been allowed as additional parking provision, the maintenance of the off road parking to the plots reduces the need for further encroachment of these verges to be utilised for additional parking. This protects the visual appearance of the estate (again establishing a visual difference from the parking on a suburban residential estate) but where hardening has occurred in the Close this does create access difficulties for the units opposite due to the narrowness of the road and the restricted width for turning manoeuvres.
The Green Spaces
5.12 As well as the grass verges and individual garden areas Leadengate Fields contains the only significant open space area on the estate. This is a communal area providing a safe play area, a sitting out and picnic area for the Field and the Close. It is owned and maintained by the OALF. With its functions and the visual contribution it makes to the area it is considered an important asset and should not be utilised for additional parking or physical development, including formal play equipment.
5.13 A small permissive footpath link in the north east corner links the two roads and provides direct access to the beach.
5.14 Individual feature trees are not a current element of the estate and should be avoided in any landscaping. There are a few examples of exotic plants and a variety of shrubs which add to the distinctive character but these should be planted sparingly to ensure the current appearance is not changed.
The Extent of Intrusion or Damage
5.15 Overall the estate is well maintained both by individual owners and the Residents Association. Reference has already been made to some harm caused to the estate by a few recent, inappropriate developments. Fortunately these are a small minority and overall the original character and appearance predominates. However it is a fragile balance and the aim of this document is to ensure that this is maintained in future development proposals.
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6 Leadengate Design Guide SPD Agenda Item 8 Planning History and Holiday OccupancyAppendixConditions D 6
6 Planning History and Holiday Occupancy Conditions
6.1 A review of the planning history of the estate has been undertaken. This highlights one of the major planning issues. That is, that there is inconsistency between the various forms of control the Local Planning Authority (LPA) has sought to impose on how the estate will be occupied. A variety of seasonal occupancy conditions have been utilised meaning that some of the properties are able to be occupied all the year round for holiday lettings; others have shorter letting periods and more recently some are now controlled as to how long a single letting may be. This is within the context that there does not appear to have been an enforcement concern with the Authority either through monitoring of the estate or pursuing action to remedy breaches.
6.2 Furthermore the reasons given for imposing the various forms of the occupancy condition are not consistent.
6.3 The details of the situation as of August 2014 were as follows: a. Leadengate Fields
i. there are 3 properties with holiday occupancy restricted to 15th March to 15th January; ii. there is 1 property with holiday occupancy restricted to 15th March to 15th November; iii. there are 5 properties with the current Planning Authority general holiday occupancy condition – all year round but restricted to a maximum of 28 days for each occupancy; iv. 1 property is restricted to holiday occupancy only with no time limitations v. 1 property is restricted 1st March to 15th January; vi. 1 property where short term occupancy is specified with an attached note explaining this is intended as a period of 28 days; and vii. there are 2 permanent residential units with no holiday restriction.
So of the 19 units in the Field only 25% have the current standard holiday occupancy condition imposed. The above details do not include records for a total of 5 units where there the planning record could not be located. b. Leadengate Close
i. there are 11 properties with holiday occupancy restricted to 15th March to 15th January; ii. there are 6 properties with holiday occupancy restricted to 15th March to 15th November; iii. there are 8 properties with the current Planning Authority general holiday occupancy condition – all year round but restricted to a maximum of 28 days for each occupancy; iv. 1 property is restricted to 15th January to 15th November; and v. 4 properties are restricted to holiday occupancy only – no time limitations; vi. 1 property is restricted 1st March to 15th January.
So of the 31 properties in the Close only 17% have the current standard holiday occupancy condition imposed. The above details do not include records for a total of 6 units where the planning record could not be located.
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Leadengate Design Guide SPD 7 Agenda Item 8 6 Planning History and Holiday Occupancy ConditionsAppendix D
6.4 In both the Fields and the Close for a period, even when applying the latest condition, old styles were being used as well. Even the reasons for imposing the conditions are not consistent:
a. The property is in a location where permanent use is not acceptable but holiday occupation is; b. The property is situated in an estate where access, roads and services have not been built to adoptable standards and are therefore unacceptable for safety, maintenance and management to meet permanent residential demands; c. Not suitable to be occupied as a permanent dwelling (the actual reasons are not specified); d. Residential use is not acceptable in policy terms but holiday use is (again no details specified).
Reason b) is the most prevalent.
6.5 There also used to be a temporary condition imposed requiring a renewal of the planning permission every 5 years. The reason for this was given as due to the methods of construction of the property. Over the last few years the LPA have dropped this requirement and the units now have permanent status. The LPA have been using these renewals as opportunity to impose the ‘modern’ condition. However these opportunities are extremely limited now and it is only with redevelopments that the opportunity now exists.
6.6 Bearing this in mind the question is whether the imposition of the standard occupancy condition that is intended to control usage outside development areas should be imposed generically in this particular area? These properties have more than just a commercial letting basis. They are used as second homes or for extended holiday occupancy by the owners’ families.
6.7 The majority view of the initial consultation exercise was that the owners accepted a restriction to holiday use but not to the limited 28 day occupancy restriction.
6.8 The Planning Inspector in the appeal at 2B Leadengate Close did not address this particular issue (Appendix 2).
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8 Leadengate Design Guide SPD Agenda Item 8 DevelopmentAppendixPrinciples D 7
7 Development Principles
7.1 It is intended that the following development principles will guide all those involved in the development decision making process. The intention is that in following these principles the special character that is Leadengate will be protected and enhanced.
7.2 It is understood that these principles cannot be entirely prescriptive and are guidance only. However if the advice is followed in the preparation of any works or development proposals this should facilitate a positive outcome with any formal submission.
7.3 The following are important to what constitutes the present character and appearance of the area. Part of the character of the estate is the present building lines established by the position of the units on their plots. Future developments/extensions should respect this feature and not encroach forward of an established building line.
7.4 Whilst the overall character of the estate is defined by the general ‘similarity’ of the properties, they do all vary in detailed appearance. The aim is not to stifle this individuality but to encourage it within the overall parameters of the general design principles established on the estate i.e. single storey; relatively low pitched roofs; colour and limited range of construction materials. Therefore the development principles to be followed are: a. Artificial or natural slate, plain tiles are acceptable. Modern concrete (plain or patterned) and metal sheeting should be avoided. b. Windows and door joinery should be either wood (stained or coloured) or UPVC. Natural metal finishes in traditional openings are not acceptable. c. Timber cladding (natural or artificial) and coloured render are preferred. The use of brick, uncoloured blockwork, or metal sheeting for walls is not appropriate. The principle should be that the materials to be used in any works should reflect those used in the original property. d. Colours of the properties are the discretion of the owners. The different choices create an ambience removed from the nearby residential estates. A variety of colours is to be encouraged although the more vivid ends of the spectrum should be avoided. Traditional seaside chalet hues would be acceptable. e. Solar panels should be designed and positioned to respect the form and appearance of the existing roof. The panels should not extend to cover the full roof plane but be positioned to ensure there is a margin of roof tiles visible. From a visual point of view such panels are preferable to micro wind generators. f. There should be no properties of two or more storeys developed on the estate. g. Where the existing pitch of the roof is below 20 degrees this could be raised to this figure providing this does not adversely impact on neighbouring properties. h. Where the existing pitch is above 20 degrees:
i. the existing ridge height of the property should not be raised; and ii. the pitch of the existing roof should be retained and not increased. i. Roof lights should cover no more than 30% of a roof plane. The introduction of glazed roof areas is acceptable provided they remain a subservient element to the main roof area. Flat roofs are not acceptable. No new windows should directly overlook neighbouring properties. The roof eaves should remain at top of window level and there should be no significant raising of the walls above the window/door joist height.
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Leadengate Design Guide SPD 9 Agenda Item 8 7 Development Principles Appendix D
The Grass Verges
7.5 The existing grass verges in front of the properties are an important visual and safety feature. These should be retained and not hardened for additional vehicle parking spaces.
Fencing/Boundary Walls
7.6 New boundary treatments to the front and side of properties in front of the building line should be low level (maximum height 1 metre) to retain the appearance of openness that currently exists.
7.7 Frontage boundary lines (fencing, walls, hedgerows) should be retained apart from access points/gateways.
7.8 Frontages on Leadengate Close should not be opened up to create vehicle hard standings across the whole frontage. However, widening of vehicular gateways may be acceptable to enable safe access and manoeuvring of vehicles.
7.9 Patios / decking should be no higher than the floor level of the dwelling to which they relate. There should be no direct overlooking of neighbouring properties and should be no closer to a boundary than one metre, unless at ground level. Where decking is above ground level this should only be to the rear of the property and not to the front or side.
7.10 Extensions to a dwelling are permissible with additional floor area up to either:
a. 40% of the curtilage of the property (excluding the floor area of the existing unit, the floor area of any outbuidlings and the off road parking provision); or b. 40% of the equivalent floor area of the existing dwelling (excluding any outbuildings), whichever is the smaller.
7.11 Rebuilding of a unit, including an increase in floor area, will be acceptable providing:
a. The new design respects the character, appearance and height of the existing building; and b. The new floor area shall not exceed:
i. the original floor area of the building(s) to be replaced by more than 40%; or ii. the floor area of the existing unit (including the floor area of any outbuildings) plus 40% of the existing curtilage excluding both the off road parking provision and any outbuildings, whichever is the smaller; and
c. In all cases the proposal would have to meet the other design principles in this document.
7.12 The replacement of an existing unit by a mobile home is not acceptable.
7.13 Storage buildings, sheds, garages are permissible providing they are positioned to the rear or side of properties and do not overshadow adjoining gardens. They should be of traditional pitched roof appearance and constructed of materials to match the existing property.
7.14 Existing off road parking provisions should be retained unless, with a redevelopment or extension, an alternative equal off road provision can be created. Off road provision does not include any parking provision on the grass verge outside the dwelling. A reduction in a current parking provision where there is an increase in floor area is not permissible. Page 102
10 Leadengate Design Guide SPD Agenda Item 8 DevelopmentAppendixPrinciples D 7
7.15 In recent decisions of the LPA and the Planning Inspectorate at appeal, it has been established that the roads of the estate are unsuitable to accommodate an increase in traffic. Extensions or redevelopments that result in such increases in traffic attracted to a site over and above what is generated at present will not be permitted.
7.16 A holiday occupancy condition will be imposed if the nature of the works justifies it. This condition will restrict the occupancy use to holiday occupancy only, and not permanent residential, but not specify a maximum period for any one stay.
7.17 Compliance with this document does not obviate the need to seek advice and obtain the relevant consents from North Devon Council.
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Leadengate Design Guide SPD 11 Agenda Item 8 Appendix Appeal Decision for 36 Leadengate Close (3 JulyAppendix2012) D 1:
Appendix 1: Appeal Decision for 36 Leadengate Close (3 July 2012)
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12 Leadengate Design Guide SPD Agenda Item 8 Appendix Appeal Decision for 36 Leadengate CloseAppendix(3 July D 2012) 1:
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Leadengate Design Guide SPD 13 Agenda Item 8 Appendix Appeal Decision for 36 Leadengate Close (3 JulyAppendix2012) D 1:
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14 Leadengate Design Guide SPD Agenda Item 8 Appendix Appeal Decision for 2B Leadengate CloseAppendix(6 March D 2013) 2:
Appendix 2: Appeal Decision for 2B Leadengate Close (6 March 2013)
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Leadengate Design Guide SPD 15 Agenda Item 8 Appendix Appeal Decision for 2B Leadengate Close (6 MarchAppendix2013) D 2:
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16 Leadengate Design Guide SPD Agenda Item 8 Appendix Appeal Decision for 2B Leadengate CloseAppendix(6 March D 2013) 2:
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Leadengate Design Guide SPD 17 Agenda Item 8 Appendix Appeal Decision for 2B Leadengate Close (6 MarchAppendix2013) D 2:
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18 Leadengate Design Guide SPD Agenda Item 8 Appendix AppendixLocation D Plan 3:
Appendix 3: Location Plan
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Leadengate Design Guide SPD 19 Agenda Item 8 Appendix Site Plan Appendix D 4:
Appendix 4: Site Plan
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Page 113 Agenda Item 8 Appendix D
Torridge District Council North Devon Council Riverbank House Lynton House Bideford Commercial Road EX39 2QG Barnstaple EX31 1DG [email protected] [email protected] 01237 428700 01271 388288
Page 114 Agenda Item 9
Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY & RESOURCES DATE: 6th January 2020 TOPIC: ILFRACOMBE DOTTO
REPORT BY: ECONOMIC DEVELOPMENT OFFICER
1 INTRODUCTION
1.1 This report seeks to secure a future way forward for the Ilfracombe Dotto train.
1.2 An open procurement process failed to secure an operator for the train for the 2019 season.
1.3 Trying to work with Ilfracombe Town Council to enable it to run the service proved challenging.
1.4 Without an operator, the condition of the Dotto is likely to deteriorate quickly, so a way forward for it needs to be agreed.
2 RECOMMENDATIONS
2.1 That S&R agree to lease the Dotto to Ilfracombe Town Council and delegate power to the Chief Executive to agree the terms of the lease in consultation with the Lead Member for Economy and failing any agreement to delegate power to the Chief executive to dispose of the Dotto with receipts being earmarked for capital projects within Ilfracombe
3 REASONS FOR RECOMMENDATIONS
3.1 To secure the future of the Dotto within Ilfracombe or to secure its disposal before its condition and value deteriorates
4 REPORT
4.1 The Ilfracombe Dotto train was purchased in 2013 with grant funding from Leader 4. The train service has been tendered twice since then, on both occasions Filers were the only bidder, and therefore have run the service since the train arrived. Filers now no longer want to run the service. It is more of a sideline for their business, and they do not always have the resources to focus on it. They also object to having to pay the business rates on the container which is used for storing the Dotto. All of the Dotto expenses are the responsibility of the operator, but there is no charge made for the use of the train, and any profit goes directly to the operator.
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4.2 A procurement exercise in Feb/March ’19 received no responses. The train has therefore been sitting in the container for most of the year. The town council used it briefly at the end of the season to provide a free service for visitors just to get it out and about.
4.3 The town council could not agree a way forward for running the Dotto, despite agreement from town council members to do so. It is possible that Ilfracombe Town Council (ITC) may be able to get organised for next season, but will need a fair amount of input from NDC in order to achieve this.
4.4 There has been little or no interest from operators in the meantime. A brief conversation with industry experts suggests that Dotto services work in larger towns and cities where there are larger visitor numbers to make it viable, but in towns such as Ilfracombe, it would always be a ‘hobby’ business.
4.5 The supplier that imported the Dotto train on our behalf have valued the train at around £110/115k.
4.6 Therefore, the options are:
1. Retender the opportunity in early 2020 and hope for a more positive response. 2. Retender the opportunity in early 2020, with the Council agreeing to pay the business rates on the container (in the region of £980) and hope for a more positive response having addressed the issues of the previous operator. 3. Put resource in to helping the Town Council to operate the service in the hope that it may succeed this time. 4. Lease the Dotto to the Town Council for a certain period for it to run as it sees fit. A clause would need to be added to prevent the Dotto being left unused in the container for any length of time. 5. Sell the Dotto and ring-fence the funds for other Ilfracombe projects (e.g. implementing the seafront masterplan etc.) 6. Offer the Dotto to other towns within the District (Barnstaple, South Molton etc.) to run a service. 7. Another option to be suggested by this committee None of these options are guaranteed to be implemented quickly, or will necessarily provide a long term solution, but guidance is needed in order to prevent the deterioration of this Council asset.
4.7 It is recommended that negotiations take place with Ilfracombe Town Council over a lease of the Dotto to it in order for it to run the service as it sees fit. The exact terms will be agreed between the two Councils but it is felt that this option best secures the future of the Dotto in Ilfracombe. 4.8 However in order to plan for the eventuality of this not being achieved, it is also recommend that the Dotto be sold to achieve the best capital receipt which can then be re-invested in capital improvement projects in Ilfracombe.
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5 RESOURCE IMPLICATIONS
5.1 Financial
There would be no financial cost to the procurement exercise
There would be no financial cost to assisting ITC
The potential capital receipt from the sale of the Dotto would be in the region of £115/110k less fees.
The cost to North Devon Council of the Dotto whilst it is not under contract is roughly £2,000 (insurance, business rates, depreciation etc.)
5.2 Staff
Procurement would be carried out by the Economic Development Officer (EDO) with help from Parks, Leisure and Culture, and input from Legal to draw up contracts, leases, and easements.
Assisting ITC would involve a fair amount of input from the EDO with input from Legal to draw up contracts, leases, and easements.
The sale of the Dotto would involve input from the EDO, Parks, Leisure and Culture, and Legal.
6 EQUALITIES ASSESSMENT
6.1 (Please detail if there are/are not any equalities implications anticipated as a result of this report. If so, please complete the Equality Impact Assessment Summary form available on Insite and email to the Corporate and Community Services Team at [email protected] ).
N/A
7 CONSTITUTIONAL CONTEXT
Article or Annexe and paragraph Referred or delegated power?
Part 3, Annexe 1, paragraph (d) Delegated
8 STATEMENT OF CONFIDENTIALITY
8.1 This report contains no confidential information or exempt information under the provisions of Schedule 12A of 1972 Act.
9 BACKGROUND PAPERS 9.1 The background papers are available for inspection and kept by the author of the report.
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10 STATEMENT OF INTERNAL ADVICE
10.1 The author (below) confirms that advice has been taken from all appropriate Councillors and officers.
Executive Member: Cllr Malcolm Prowse Author: V. Harrison Date: 12th December 2019
Page 118 Agenda Item 10
Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY AND RESOURCES Date: 6th January, 2020 TOPIC: ELECTRIC CAR CHARGING POINTS COLLABORATION AGREEMENT
REPORT BY: PARKING MANAGER
1 INTRODUCTION
1.1 This report is to gain member approval to sign the collaboration agreement for the Devon Low Carbon Energy and Transport Technology Innovator (DELETTI) project
2 RECOMMENDATIONS
2.1 That members agree to sign up to the collaboration agreement and agree the potential sites where the Electric Vehicle Charging Points (EVCPs) should be installed.
3 REASONS FOR RECOMMENDATIONS
3.1 Funding has been received by Devon County Council (DCC) from the European Regional Development fund (ERDF) on a match funding basis. £12k match funding has been allocated for this project in the parking budget
4 REPORT
4.1 Approval to participate in the DCC led project was granted by an urgent decision of the Executive on 6th November 2018 included as Appendix A. This urgent decision stated that a further report would be taken prior to any further commitment being undertaken.
4.2 The sites previously identified for this project have been reviewed. The sites now identified for the EV charging points are Cattle Market car park, Barnstaple Wilder Road car park, Ilfracombe Central car park, South Molton 4.3 These car parks have been chosen for their proximity to Town Centres and visibility to the public.
Page 119 Agenda Item 10
4.4 The collaboration agreement is a legally binding commitment to proceed with the Devon County Council led procurement with obligation to lease the car parking spaces to the appointed supplier and potential penalties for withdrawal.
4.5 The lease of the sites would be for 10 years at a nominal rent.
4.6 The requirements of the procurement are that a supplier provides EV points that are available without subscribing to particular services and do not exclude particular brands of vehicle.
4.7 A further report will be brought to this committee with more details on the potential costs and income once the procurement process has commenced.
5 RESOURCE IMPLICATIONS
5.1 Funding for this project has already been allocated to the car parks budget.
6 EQUALITIES ASSESSMENT
6.1 There are no equalities implications anticipated as a result of this report.
7 CONSTITUTIONAL CONTEXT
Article or Appendix Referred or and paragraph delegated power?
Part 3 Annexe 1 Delegated
8 STATEMENT OF CONFIDENTIALITY
8.1 This report contains no confidential information or exempt information under the provisions of Schedule 12A of 1972 Act.
9 BACKGROUND PAPERS
9.1 The following background papers were used in the preparation of this report:
o Collaboration agreement The background papers are available for inspection and kept by the author of the report. 10 STATEMENT OF INTERNAL ADVICE
10.1 The author (below) confirms that advice has been taken from all appropriate Councillors and Officers. Author: Nicola Keyworth-Wright Date: 10th December 2019 Reference:
Page 120 Agenda Item 10 Appendix A
LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS OF THE EXECUTIVE
NORTH DEVON COUNCIL CONSTITUTION Reference No: 2018/06 – Part 4 Overview and Scrutiny Committee Procedure Rules and Budget and Policy Framework Procedure Rules
1) SUBJECT: Installation of electric vehicle charging points (ERDF project bid)
2) REQUESTED DECISION:
2.1 Approval for the participation of North Devon Council in a Devon County Council led project bid to European Development Fund (ERDF).
2.2 Approval that if the project bid is successful, North Devon Council will provide match funding for three NDC car park sites at a cost of £4k per location.
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT:
3.1 The government published the ‘Road to Zero’ strategy in July 2018 highlighting the ambition to have at least half of all new cars to be ultra-low emission by 2030.
3.2 The Parking Manager only learned of the Devon County Council project, and North Devon Council’s involvement and site submissions, in October 2018.
3.3 The Parking Manager attended a meeting with Devon County Council on 30th October 2018 and discovered that an improved bid from Devon County Council, with participating district councils, was being submitted on 12th November 2018. At this stage it was too late to submit a report to the November Executive agenda.
3.4 Devon County Council are submitting a project bid on 12th November 2018 to the European Development Fund (ERDF). The project is to install a ‘Devon network’ of Electric Charging points working in partnership with District Councils.
3.5 North Devon Council’s Economic Development team submitted three locations as part of an earlier unsuccessful bid, with the agreement to match fund the locations with South Molton Town Council:
• Ropery Road, Ilfracombe (NDC) • Sheep Pen car park South Molton.(NDC) • East Street, South Molton (SMTC)
Page 121 Agenda Item 10 Appendix A
3.6 Unfortunately, all three sites are unsuitable for charging point installations, due to not having the required electricity supply.
3.7 In addition, NDC do not own or manage Ropery Road car park.
3.8 The initial bid was unsuccessful and a second, more detailed, bid invited from ERDF.
3.9 The Parking Manager has provided three suitable sites, where the electricity infrastructure has already been provisionally checked for potential suitability.
• Hardaway Head car park, Barnstaple • Wilder Road car park, Ilfracombe • Central car park, South Molton.
3.10 These sites have been chosen for their proximity to Town Centres and have good electricity supplies as well as good mobile signal strength. Each car park chosen has capacity to remove 2 standard parking bays to host a charging station.
3.11 ERDF will provide a response to the bid in February 2019.
3.12 It is anticipated that minimal rent will be received for each location from the charge station provider (estimated to be £1k per station). It is hoped that the station itself will increase footfall in the three locations. Car park charges can continue to be charged for the parking bays being used for electric vehicle charging.
3.13 The electricity to the charging station will be provided by a separate supply feed within the car park, managed by the charging station provider. The electricity used by the consumer to charge a vehicle is paid by them to the charging station provider. The rate charged to the consumer will be that set by the charging station provider.
3.14 The project procurement will ensure that the provider meets installation and maintenance costs as well as providing full customer support. Liability for the cost pre installation ground works, vandalism or repair due to reasons outside of any maintenance contract will need to be explored and detailed within the specification and procurement process. A report will be made to Executive prior to any further commitment being undertaken.
3.15 Should the project be successful, a further phase two is envisaged where more locations can be offered to increase the network.
4) FINANCIAL IMPLICATIONS: (NOTE: Please state if there are any financial implications. If so, state if there are sufficient funds within the agreed budget. If there are not sufficient funds, please state how the decision will be financed)
4.1 DCC requires confirmation that, should the project bid to ERDF prove successful, NDC will commit to match fund £12k for the three locations.
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4.2 The full £12k can be found from within the 2018/19 Parking budget.
4.3 If successful the project will go through a procurement process to ensure the best value long term arrangements for all involved Councils.
4.4 A report to Executive will be made regarding the project, once the initial bid response has been received, prior to any procurement specification being agreed.
4.5 Through consultation with Executive and detailed procurement specification, any future financial risk to NDC will be identified and minimised.
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
5.1 The Office for Low Emission Vehicles (OLEV) has confirmed that no current funding is available for the installation of public Off Street parking charging stations. However, funding may be available for workplace installations, such as at Brynsworthy Environment Centre, for use by employees and work fleet vehicles.
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED:
7) A NOTE OF ANY DISPENSATION IF GRANTED:
8) THE CONSENT OF THE CHAIRMAN OF THE OVERVIEW AND SCRUTINY COMMITTEE WAS OBTAINED ON:
5th November 2018.
9) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
10) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Executive Member
Page 123 Agenda Item 10 Appendix A
Ward Member(s) Yes 02.11.2018 Chief Executive Yes 02.11.2018 Head of Service : Ricky McCormack Yes 01.11.2018 Legal : Ken Miles Yes 01.11.2018 Finance: Jon Triggs Yes 01.11.2018
11) APPROVED BY DECISION TAKER
Councillor Des Brailey MBE, Leader
12) NOT APPROVED BY DECISION TAKER
13) DATE THAT DECISION WAS TAKEN:
6th November 2018.
Page 124 Agenda Item 10 Appendix A
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. The Chief Executive must notify the Leader/Deputy Leader.
2. The Leader/Deputy Leader must approve the use of the procedure and notify the Chief Executive of his approval together with his reasons.
3. The Chief Executive must notify the Chairman of the Overview and Scrutiny Committee or if unable to act the Chairman of Council or if absent the Vice- Chairman to seek his determination as to whether the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency.
4. The Chairman of the Overview and Scrutiny Committee or if unable to act the Chairman of Council or if absent the Vice-Chairman, must confirm to the Chief Executive in writing that the proposed decision is urgent, the Chief Executive shall advise the Leader/Deputy Leader that the decision may be taken by a person or body possessing a relevant power to make such a decision.
5. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
PROCEDURE FOR URGENT DECISIONS OUTSIDE THE BUDGET OR POLICY FRAMEWORK
1. The Executive, a committee of the Executive, an individual member of the Executive or officers or joint arrangements discharging executive functions may take a decision which is contrary to the Council’s Policy Framework or contrary to or not wholly in accordance with the budget approved by full Council if the decision is a matter of urgency. However, the decision may only be taken:
(a) if it is not practical to convene a quorate meeting of the full Council; and
(b) if the Chair of the Overview and Scrutiny Committee agrees that the decision is a matter of urgency.
2. The Chief Executive must notify the Leader/Deputy Leader.
3. The Leader/Deputy Leader must approve the use of the procedure and notify the Chief Executive of his approval together with his reasons.
4. The Chief Executive must notify the Chairman of the Overview and Scrutiny Committee or if unable to act the Chairman of Council or if absent the Vice-
Page 125 Agenda Item 10 Appendix A
Chairman to seek his determination that it is not practical to convene a quorate meeting of full Council and to it being treated as a matter of urgency.
5. The Chairman of the Overview and Scrutiny Committee or if unable to act the Chairman of Council or if absent the Vice-Chairman, must confirm to the Chief Executive in writing that the proposed decision is urgent, the Chief Executive shall advise the Leader/Deputy Leader that the decision may be taken by a person or body possessing a relevant power to make such a decision.
6. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
7. Following the decision, the decision taker will provide a full report to the next available Council meeting explaining the decision, the reasons for it and why the decision was treated as a matter of urgency.
Page 126 Agenda Item 11
Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY AND RESOURCES COMMITTEE Date: 6TH JANUARY 2020 TOPIC: NEW CLIMATE AND ENVIRONMENT GRANTS SCHEME FOR PARISH COUNCILS 2020-2023
REPORT BY: HEAD OF RESOURCES
1 INTRODUCTION
1.1 The Strategy and Resources Committee at its meeting on 4th November 2019 resolved “that Members as part of formulating the Revenue budget, approve an annual contribution of £20,000 for the next 3 years to an earmarked reserve in order that smaller Parishes can apply for funding for specific projects, with a strong emphasis on sustainability and countering climate change; with delegated authority given to the Head of Resources in consultation with Group Leaders and Lead Members for both the Environment and Climate Change, to approve such funding requests and appropriation of spend from the reserve”.
1.2 Following the decision by the Committee, a draft policy for the financial years 2020/21 to 2022/23 has been formulated together with an application form.
2 RECOMMENDATIONS
2.1 That the Climate and Environment Grants Scheme for Parish Councils for 2020- 23 and application form be adopted and be implemented with effect from 1st April 2020, subject to the approval of the Revenue budget by full Council in February 2020.
3 REASONS FOR RECOMMENDATIONS
3.1 To put in place the governance arrangements for the processing and administering of applications for grants submitted by Parish Councils.
4 REPORT
4.1 The Strategy and Resources Committee at its meeting on 4th November 2019 approved in principle to remove the Parish grants as part of formulating the Revenue Budget for 2020/21 year and in line with the approved Medium Term Financial Strategy. The Committee also approved that as part of formulating the Revenue budget, Members approve an annual contribution of £20,000 for the next 3 years to an earmarked reserve in order that smaller Parishes can
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apply for funding for specific projects, with a strong emphasis on sustainability and countering climate change; with delegated authority given to the Head of Resources in consultation with Group Leaders and Lead Members for both the Environment and Climate Change, to approve such funding requests and appropriation of spend from the reserve.
4.2 Following the decision of the Committee, a draft policy for the financial years 2020/21 to 2022/23 has been formulated together with an application form as detailed in Appendices A and B.
4.3 The draft policy includes:
4.3.1 Sets out the purpose of the scheme and how the funding can be used by Parish Councils.
4.3.2 Sets out the Parish Councils which are eligible to apply which have a population of less than 1000 (as per the 2019/20 electoral records).
4.3.3 Two funding rounds with the deadlines for the receipt of applications ending on 31st August and 31st January. Up to 50% of the total fund may be allocated for each funding round. The policy does not restrict Parish Councils in the amount of funding that can be applied for or awarded.
4.3.4 Evidence to be provided by Parish Councils (i.e. application form, quote and safeguarding policy (if applicable)).
4.3.5 Types of grants that cannot be supported.
4.3.6 Details of how to apply.
4.3.7 Processing procedure and decision making process.
4.3.8 Any unallocated funds will be rolled-over to the following financial year. The final year for the roll over of unallocated funds to the next financial year will be 2021/22. Any underspend from the financial year 2022/23 will not be rolled over.
5 RESOURCE IMPLICATIONS
5.1 Contained in the report above.
6 EQUALITIES ASSESSMENT
6.1 All applications received from Parish Councils will be assessed.
7 CONSTITUTIONAL CONTEXT
Article or Appendix Referred or and paragraph delegated power?
Part 3, Annexe 1 Delegated
Page 128 Agenda Item 11
8 STATEMENT OF CONFIDENTIALITY
8.1 This report contains no confidential information or exempt information under the provisions of Schedule 12A of 1972 Act.
9 BACKGROUND PAPERS
9.1 The following background papers were used in the preparation of this report:
o Minutes of the Strategy and Resources Committee on 4th November 2019. The background papers are available for inspection and kept by the author of the report. 10 STATEMENT OF INTERNAL ADVICE
10.1 The author (below) confirms that advice has been taken from all appropriate Councillors and Officers. Author:Jon Triggs, Head of Resources Date: xxxx December 2019 Reference: Document5
Page 129 This page is intentionally left blank Agenda Item 11 Appendix A
North Devon Council Climate and Environment Grants Policy 2020 – 2023
Introduction
This document explains:
1. What the Council hope to achieve through Climate and Environment Grants
2. Which Parish Councils are eligible to apply
3. Funding Rounds
4. What is needed to be considered for a grant
5. When grants cannot be given
6. What other similar support we can provide to applicants
7. How To Apply
8. Processing
9. Decision Making Process
1. What The Council hope to achieve through Climate and Environment Grants The Council hopes to encourage and support projects undertaken by small Parish Councils which are sustainable and look to improve the environment and/or tackle climate change issues such as reducing carbon and improving biodiversity. These projects could include “wilding” open spaces, wild flower meadows, more sustainable approaches to graveyards, renewables, etc. Projects which are being undertaken in partnership with the local community are encouraged. Climate and Environment Grants from North Devon Council can also be used as match-funding for Parish Councils to attract other funding from external sources. This funding stream will be available for the financial years 2020/21, 2021/22 and 2022/23. Grants may be offered to small Parish Councils towards the following for projects primarily concerned with climate issues and the environment: training costs for a new project or skill which is required for such a project set up costs and/or promotion of a new project purchase of goods or equipment required for the project towards the costs of an event(s) to raise awareness of an issue. Page 131 1
Agenda Item 11 Appendix A
2. Which Parish Councils are eligible to apply?
The following Parish Councils are eligible to apply, which have a population of less than 1000:
Arlington Ashford Atherington Berrynarbor Bishops Nympton Bratton Fleming Brayford Brendon and Countisbury Burrington Chittlehamholt, Satterleigh and Warkleigh Chittlehampton East and West Buckland East Anstey East Down East Worlington Filleigh George Nympton and Queens Nympton Goodleigh Horwood, Lovacott and Newton Tracey Instow Kentisbury and Trentishoe Kings Nympton Knowstone Loxhore Marwood Molland North Molton Parracombe Pilton West Rackenford Romansleigh Rose Ash Shirwell Swimbridge West Down Westleigh
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Agenda Item 11 Appendix A
3. Funding Rounds
There are two funding rounds. The deadline for the first round is 31st August and for the second round is 31st January. Up to 50% of the total fund may be allocated for each round.
4. What is needed to be considered for a Climate and Environment Grant All projects supported by grants must benefit the residents of the Parish or the local economy and should be able to show evidence of need and local support when making an application. Organisations applying for a grant must: Be a Parish Council as identified within paragraph 2 Have standing orders Be legally able to carry out the activities Where appropriate, have and monitor policies and practices that safeguard children and vulnerable adults Provide evidence of project costs, in the form of quotes or similar
5. When Grants Cannot Be Given For projects involving Party Politics or promoting political views Retrospectively (ie, for expense incurred or purchases made before a grant has been formally offered) or to meet debts or liabilities For donations to individuals, or to profit making organisations Running costs Staff salaries / wages For projects that should ordinarily be the statutory responsibility of another organisation (other than the Parish Council) For projects or activities outside North Devon District area For ditch and drainage work
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Agenda Item 11 Appendix A
6. What other similar support can we provide to applicants The Corporate and Community Services Team can: Offer guidance in completing the Application Form Offer advice on other funding that may be available and how to make searches for other funding sources Sign-post to other organisations that provide training or support Offer advice and sign-posting to sources of information on community consultation or participation procedures
7. How to Apply An application form, plus supporting evidence/information will need to be submitted. The application form is available for completion online on our website www.northdevon.gov.uk or by emailing [email protected]
The application form will ask for: Contact details for the Parish Council Details of the project that requires funding Details of the project costs, and how much grant funding you are seeking
The applicant will also be expected to provide: A quote or similar evidence of the cost of the project A safeguarding Policy if the project involves children or vulnerable adults
The application must be submitted, with the required information/documentation to the Corporate and Community Services team online or by email at [email protected]
8. Processing A Grants Officer will acknowledge receipt of the application and confirm whether the Parish Council/project is eligible for funding, and whether the application is complete. If any clarification or additional information is needed, opportunity will be given to provide it. If an application does not meet the criteria it may be refused at this stage by a Grant Officer. It would not then be presented to the Councillors for their consideration. Applicants will be notified by email within a month of receipt of the application.
If an application meets the criteria the applicant will be notified along with details of the date at which the application will be presented to the Panel for their decision. The Panel of Councillors will consist of the Political Group Leaders, Lead Members for the Environment and Climate Change and the Head of Resources. The panel will meet twice a year.
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9. Decision Making Process
The Grants Officer will summarise the accepted applications in a report to be presented to the decision Panel at their next meeting.
Successful applicants will be notified by email within two weeks of the date of the meeting.
The Grant Offer will include:
The amount of grant offered
A Funding Agreement o To be signed and returned within 2 weeks of the offer date to secure the funding. This outlines the terms and conditions under which the grant is offered by North Devon Council, and accepted by the applicant
Payment Claim Form o Grants are usually paid on completion of a project. The Payment Claim form should be completed and returned along with evidence of expenditure, ie an invoice or receipt. Payment will be made by BACS transfer. Claims for funding should be made within 12 months of the grant offer.
AUDIT AND ACCOUNTABILITY
The grant process and its financial trail is transparent for audit purposes and democratic accountability.
The information gathered as part of the grant process is used to promote value for money and fairness in decision making.
In some cases, the Councillors on the decision panel will wish to offer grant assistance to a Parish Council of which they are a Member. In this instance, to avoid any possible appearance of impropriety the Councillor must inform a Grants Officer who will record this.
Any unallocated funds will be rolled-over to the following financial year (NOTE: The final year for the roll-over of unallocated funds to the next financial year will be 2021/22. Any underspend from the financial year 2022/23 will not be rolled over).
KEY DATES
February Budget setting for the following financial year
1st April Application round 1: Fund opens to applications (except in an Election Year, in which case as soon as reasonably practicable following the Election)
31st August Round 1 closes to applications
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Agenda Item 11 Appendix A
1st September Application round 2: Fund opens to applications
Mid September Decision making Panel to meet and determine allocation of funds for Round 1 applications.
31st January Fund closes to applications
Mid February Decision making Panel to meet and determine allocation of funds for Round 2 applications.
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Agenda Item 11 Climate & Environment Grants Appendix B Application 2020 - 2021
What this grant fund aims to achieve
A fund of £20,000 is available to small Parish Councils for projects which tackle Climate change and Environmental issues. The Council hopes to encourage and support projects undertaken by small Parish Councils which are sustainable and look to improve the environment and/or tackle climate change issues such as reducing carbon and improving biodiversity. Projects which are being undertaken in partnership with the local community are encouraged. These projects could include “wilding” open spaces, wild flower meadows, more sustainable approaches to graveyards, renewables, etc. Climate and Environment Grants from North Devon Council can also be used as match-funding for Parish Councils to attract other funding from external sources. The following guidance and eligibility criteria will help you determine whether you can apply. Help with completing this application, and advice on other possible funding solutions is available, by emailing [email protected] or calling 01271 388253. Please check the box to show that you have read the following guidelines
Are you eligible? 1. The project must be located within the Parish or be of significant benefit to people living in North Devon and be legally able to carry out the activities. 2. The Parish Council must be within the North Devon District Council area with a population of less than 1000 (as per the 2019/20 electoral records) and provide:
Quote or similar evidence for each cost Bank account details in the name of the Parish Council (NOTE: This information will be required when claiming payment) Safeguarding Policy (if the project involves Children, Young People or Vulnerable adults)*
What we CAN fund training costs for a new project or skill which is required for such a project set up costs and/or promotion of a new project purchase of goods or equipment required for the project towards the costs of an event(s) to raise awareness of an issue.
What we CANNOT fund For projects involving Party Politics or promoting political views Retrospectively (ie, for expense incurred or purchases made before a grant has been formally offered) or to meet debts or liabilities For donations to individuals, or to profit making organisations Running costs Staff salaries / wages
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Agenda Item 11 Climate & Environment Grants Appendix B Application 2020 - 2021
For projects that should ordinarily be the statutory responsibility of another organisation (other than the Parish Council) For projects or activities outside North Devon District area Ditch and drainage work
What is the Process? Identify your project and how much it will cost. You need to obtain a quote (or similar) to submit with your application. Complete the online application form, or download the form, and email it to [email protected] with the documentation as explained in paragraph 2. Applications may be submitted throughout the year. However there will be two application deadline dates as detailed below. We will confirm receipt of your application and whether you have submitted all the necessary supporting information. If you have not provided the necessary information with your application, or if we require further clarification, we will ask you to provide it within a week. If an application does not meet the criteria (as per the Climate and Environment Grants policy) it may be refused by a Grant Officer. It would not then be presented for consideration. Applicants will be notified of any unsuccessful applications by email within one month of receipt of the application. Applications will be presented to a Panel of decision makers on two dates. Applicants will be notified of the outcome of their applications within two weeks of the date of the panel meeting. Round 1: Application deadline: 31st August Date of Panel meeting: Mid September Decisions emailed: 2 weeks following Panel meeting Round 2: Application deadline: 31st January Date of Panel meeting: Mid February Decisions emailed: 2 weeks following Panel meeting
After we have offered you a grant, you can claim your funding when your project is completed. You will need to send us a copy invoice (or similar) to show how the money has been spent. However, you can request an 80% advance on your grant if you do not have sufficient cash to make the purchase in advance. Claims for funding should be made within 12 months of the grant offer. If you are not able to complete your project and claim the grant money by this date, funding may be withdrawn.
* Safeguarding policies and procedures are required from any grant funded organisations working with children, young people, and vulnerable adults. Satisfactory DBS checks for appropriate employees and volunteers may also be required.
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Agenda Item 11 Climate & Environment Grants Appendix B Application 2020 - 2021
To subscribe to our regular free funding and community news email go to: https://public.govdelivery.com/accounts/UKNORTHDEVON/subscriber/new
Please complete and return the form to [email protected] You can move between the fields with your tab key, or click into the boxes with your mouse. It is important that you answer all the questions and submit all the requested supporting information.
Please read the guidance notes on pages before completing the form.
Name of Parish Council
Contact name / Clerk
Telephone Email address
Are you able to reclaim VAT? VAT registration number Note: You are not able to include recoverable VAT in your funding request. If you are not VAT registered, or not able to reclaim VAT you can include this in the total amount of funding you ask for.
Project Name
Project Detail What do you want the funding for, what do you wish to purchase, and why? Please provide dates of any events, purchases and projects if applicable.
How do you know your project is needed?
How will this project produce a benefit to the environment or help to prevent climate change? You may send an attachment with your application if applicable
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Agenda Item 11 Climate & Environment Grants Appendix B Application 2020 - 2021
Additional information
You can use this box to give any other detail or information in support of your application. The more information you give, the easier it is for us to assess your application.
Project Costs Cost £ How will you pay for it? Status Amount Please list all the costs of the project in List all funding sources, eg eg £ S=Secure or this column grants, own funds, fundraising A=Applied etc.
Amount of Climate & A Environment grant requested Total Cost of Project Total Funding (this must be the same as the total cost of project)
Note: The table on the left should be used to list all the costs for this project. The table on the right should show where you will find the money for this project (including other grants, own funds etc). The value in the “Total cost of project” box should be the same as that in the “Total funding” box.
Supporting information required with your application:
quote(s), or similar, for the cost of your project Safeguarding Policy if your project involves children or vulnerable adults
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Agenda Item 11 Climate & Environment Grants Appendix B Application 2020 - 2021
Declaration: I hereby declare that I am authorised to sign this application on behalf of the Parish Council, and confirm that the information I have provided on this form is correct. I hereby declare that this Parish Council has current Standing Orders. (NOTE: The Grants Officer may request a copy to be provided)
Signed
Print name Position in Organisation Dated Email submission Click in this box if submitted by email (signature not required)
Postal address: North Devon Council, PO Box 379, Barnstaple, Devon, EX32 2GR.
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Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY & RESOURCES Date: 6 January 2020 TOPIC: APPROVAL & RELEASE OF S106 PUBLIC OPEN SPACE FUNDS – INSTOW AND BRAUNTON
REPORT BY: PROJECT, PROCUREMENT & OPEN SPACE OFFICER
1 INTRODUCTION
1.1 This report seeks to allocate S106 public open space funds to projects in Instow and Braunton.
2 RECOMMENDATIONS
2.1 That £3,672.86 be allocated to Parochial Church Council of Instow towards enhancement of the play area.
2.2 That £347.31 be allocated to North Devon Environment Trust towards audio/visual improvements at the Braunton Countryside Centre.
2.3 Subject to approval of 2.1 and 2.2 above, that Strategy & Resources Committee recommends Council vary the capital programme by £4,020.17 and that funds be released, subject to a Funding Agreement upon such terms and conditions as may be agreed by the Senior Solicitor, for external projects.
3 REASONS FOR RECOMMENDATIONS
3.1 To allocate funds in line with the requirement of S106 agreements.
3.2 To protect and enhance public open space, including land and buildings.
4 REPORT
4.1 St John’s PCC – Play Area Safety Surfacing
Instow has limited equipped play space. This project will provide new safety surfacing for the public play area at All Saints Chapel Community Centre. The play area is situated in the grounds of the chapel and is the only play area in the village. The Centre/Chapel is a community building, which was delivered as a community project supported by various organisations. In addition to the community centre, the site provides a community garden, seating, play area
Page 143 Agenda Item 12
and car park for the village. This small contribution will ensure the play area remains safe and open for the children in the village.
4.2 North Devon Environment Trust – Braunton Countryside Centre
North Devon Environment Trust operate the Countryside Centre in Braunton. They operate sessions and talks to help people gain a better understanding of the environment. This project will provide audio visual equipment to support these sessions within the countryside centre.
5 RESOURCE IMPLICATIONS
5.1 St John’s PCC – Play Area
Total Project cost: £3690.84
Development Application Number Amount Description
Marine Parade, Instow 58606/58626 £3,672.86
Total £3,672.86
The balance and any overspend will be met by the PCC.
5.2 North Devon Environment Trust –Braunton Countryside Centre
Total Project cost: £7,882
Development Application Number Amount Description
Land off Higher Park 45399 £347.31 Road, Braunton
Total £347.31
£4,700 has been secured through a combination of DCC locality funding, NDC Councillor Grants and Fullabrook Contribution. Funding applications are required to fund the balance. Any overspend is the responsibility of North Devon Environment Trust.
6 EQUALITIES ASSESSMENT
6.1 The new safety surfacing will have a positive impact for users of the open space. An EIA has been completed.
Page 144 Agenda Item 12
7 CONSTITUTIONAL CONTEXT Article or Referred or Appendix and delegated paragraph power? Part 3. Annexe Delegated 1. 1(d) 8 STATEMENT OF CONFIDENTIALITY
8.1 This report contains no confidential information or exempt information under the provisions of Schedule 12A of 1972 Act.
9 BACKGROUND PAPERS 9.1 The background papers are available for inspection and kept by the author of the report. 10 STATEMENT OF INTERNAL ADVICE
10.1 The author (below) confirms that advice has been taken from all appropriate Councillors and Officers. Author: L. Wheeler Date: 6 December 2019 Reference: Document5
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Open
NORTH DEVON COUNCIL
REPORT TO: STRATEGY AND RESOURCES COMMITTEE Date: 6 January 2020 TOPIC: REVIEW OF NORTH DEVON COUNCIL’S SEX ESTABLISHMENT POLICY
REPORT BY: PUBLIC PROTECTION MANAGER
1 INTRODUCTION
1.1 The purpose of this report is to propose the adoption of a revised version of North Devon Council’s Sex Establishment Policy, as part of a standard five year review cycle.
2 RECOMMENDATIONS
2.1 Following the meeting of Licensing and Community Safety Committee on 8 October 2019, when it was recommended that the draft Sex Establishment Policy (found at Appendix A) be approved, it is now recommended that Strategy and Resources Committee:
2.1.1 consider and approve the draft Sex Establishment Policy found at Appendix A.
3 REASONS FOR RECOMMENDATIONS
3.1 To ensure that the Council’s policies are regularly reviewed and kept up to date.
4 REPORT
4.1 North Devon Council adopted a licensing policy and associated conditions of licence for sex establishments on the 5 April 2011.The policy was established following changes made to the Local Government (Miscellaneous Provisions) Act 1982 in 2010 which created a new class of sex establishment – the ‘sexual entertainment venue’
4.2 There is no statutory requirement for the Council to have a licensing policy for sex establishments but most licensing authorities have developed policies and this is generally considered to be good practice. Without a policy in place, the Council would have great difficulty determining an application for a sex establishment licence and would potentially leave itself open to legal challenge in the event of refusal of a licence.
4.3 When originally documented the policy was drawn up as a collaborative piece of work with Torridge District Council, and the document was written drawing upon guidance from the
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Home Office1, local experience of licensing issues, best practice guidance from Local Government Regulation (LGR), and collaborative work carried out by the Devon Licensing Group.
4.4 A subsequent review took place in 2014 (approved by Licensing Committee 11 November 2014 and Executive 3 February 2015) when a series of minor updates were made which included:
- clarifying that the Council will not consider moral issues when determining applications and varying the review period from three to five years; - new section 4 - Licensing Objectives; - new section 5 - integration with other policies and strategies; - new section 9.5.3 - which suggests criteria for refusal of applications on discretionary grounds under s12(3)(d); - new section 9.5.5 – which sets out suggested criteria for assessing the suitability of applicants; - new section 10 – which sets out the circumstances in which the Council might consider waiving the requirement for a licence; - inclusion at Appendix A of suggested criteria to define ‘relevant locality’; - revised and updated licence conditions (Appendix B); - Appendix C – update to require a standard criminal disclosure/subject access request as part of the application process. - Appendix D – procedures for Licensing Sub-Committee hearings and the form of discussion at hearings.
4.5 The Council has not licensed any sex establishments, nor has it received any applications for a licence during the period since the policy was last reviewed. Furthermore it is not envisaged that any applications will be forthcoming. Members should be aware that there are exemptions contained in the Local Government (Miscellaneous Provisions) Act 1982 in terms of sexual entertainment, for example surrounding the scale of a sex shop business, and the number of occasions sexual entertainment takes place at a venue. Therefore, just because there are no licensed premises in the district, does not mean to say that relevant activity has not and does not take place.
4.6 There have been no relevant legislative changes subsequent to the last review, and there have been no comments received in terms of the policy requiring amendment. As such, the only proposals for updates are largely administrative in nature. These are shown as tracked changes to the existing policy document, and are contained at Appendix A.
4.7 In light of the minor changes proposed, and the limited feedback previously gained when consultation was undertaken, no consultation has been undertaken as part of this proposed policy update.
4.8 Licensing and Community Safety Committee received a report in relation to the proposed draft policy document on the 8 October 2019. This committee made recommendation that the draft policy contained at Appendix A be approved by the Strategy and Resources Committee.
1 ‘Sexual Entertainment Venues: Guidance for England and Wales’, Home Office, March 2010
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5 RESOURCE IMPLICATIONS
5.1 There are no financial or human resource considerations associated with this report.
6 CONSTITUTIONAL CONTEXT
Article or Appendix Referred or Key decision? and paragraph delegated power?
Part 3, Annex 1(1) Yes No
7 STATEMENT OF CONFIDENTIALITY
7.1 This report contains no confidential information or exempt information under the provisions of Schedule 12A of 1972 Act.
8 BACKGROUND PAPERS
8.1 The following background papers were used in the preparation of this report: Sexual Entertainment Venues: Guidance for England and Wales’, Home Office, March 2010
The background papers are available for inspection and kept by the author of the report.
9 STATEMENT OF INTERNAL ADVICE
9.1 The author (below) confirms that advice has been taken from all appropriate Councillors and officers.
Author: Katy Nicholls Date: 12/12/2019
Page 149 This page is intentionally left blank Agenda Item 13 Appendix A
SEX ESTABLISHMENTS
Licensing Policy
Environmental Health and Housing Services
Version 3.0 Date January 2020 Approved Licensing & TBC Adopted by Strategy and TBC Community Safety Resources Committee Committee Authors K Nicholls (NDDC) Next Review Date TBC A R Nicholls (TDC) January 2025
Page 151 Agenda Item 13 Appendix A Contents
Page
Foreword 3
Contents
1. Introduction 4 2. The Geographical Area 5 3. Consultation 5 4. The Licensing Objectives 6 5. Integration with Other Policies 6 6. The Licensing Function 6 7. Number and Location of Licensed Premises 7 8. Exempt Premises 7 9. The Licensing Process 7 9.1 Making an Application 7 9.2 Objections to Applications 8 9.3 Determination of Applications 9 9.4 Licence Conditions 9 9.5 Refusal of Licences 10 9.6 Revocation of Licences 11 9.7 Duration of Licence 11 9.8 Cancellation of Licences 11 9.9 Appeals 11 10. Enforcement and Complaints 12 11. Exchange of Information 12 12. Equality and Human Rights Issues 13
Appendices
A Glossary of Definitions 14 B Standard Licence Conditions 16 C Application Procedures 25 D Hearings Procedure 27
Page2 152 Agenda Item 13 Appendix A Foreword
This Licensing Policy sets out this Authority’s licensing framework for premises which need to be licensed as sex establishments within the meaning of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by section 27 of the Policing and Crime Act 2009. This legislation is collectively referred to in this document as ‘the Act’.
This Authority resolved to apply Schedule 3 of the Act with effect from the 1st February 1983 (with the additional provisions in relation to Section 27 being adopted on the 25 August 2010). The adoption of Schedule 3 allows the Authority to set terms and conditions and fees for the grant, renewal, variation and transfer of such licences and the number of licences that may be issued in the area. Section 27 of the Policing and Crime Act 2009 was introduced in order to give licensing authorities greater control over premises such as lap dancing clubs which were previously regulated under the Licensing Act 2003. This is an important reform which gives local people greater influence over this type of sex establishment which has grown in popularity in recent years. The Authority does not take a moral standpoint in publishing this Policy. The Authority recognises that Parliament has made it lawful to operate a sex establishment, and that such businesses are a legitimate part of the retail and leisure industries. The Council’s role as the Licensing Authority is to regulate licensed premises in accordance with the law and Government guidance.
The Authority is not required by law to consult on this Policy but we recognise that applications for sex establishments – by their very nature – are often controversial and raise legitimate concerns among local residents and businesses in the community. For this reason we are keen to seek the views of relevant individuals and organisations within the community. Your views are important and we will take your comments into consideration when finalising our Policy.
Councillor Frederick Tucker Chair, Licensing & Community Safety Committee
Page3 153 Agenda Item 13 Appendix A 1. Introduction
NB. This Policy is intended to provide general guidance only. It does not constitute a definitive statement of law. Applicants who require legal advice on a specific topic are advised to consult a licensing solicitor. Text in the shaded boxes is advisory or explanatory and intended only to give assistance to applicants, statutory authorities, residents and businesses.
1.1 This Statement of Licensing Policy (“the Policy”) draws its authority from the Local Government (Miscellaneous Provisions) Act 1982 (“the Act”) as amended by section 27 of The Policing and Crime Act 2009 and has been prepared in accordance with guidance issued by the Home Office in March 2010.
The Policy has four main purposes:
to assist the Licensing Authority in determining licence applications in a consistent and equitable manner, to inform and advise applicants, to inform and advise residents and businesses, and to inform a court at appeal.
1.2 North Devon District Council (“the Authority”) resolved to adopt Schedule 3 (as amended by Section 27 of the Policing and Crime Act 2009 to allow for the licensing of sexual entertainment venues) on 25 August 2010 in order to regulate sex establishments.1.
Section 27 gives local authorities more powers to control the number and location of lap dancing clubs and similar venues in their area. Where adopted, these provisions will allow local authorities to refuse an application on potentially wider grounds than is permitted under the Licensing Act 2003 and will give local people a greater say over the regulation of such premises in their area. (Home Office Guidance 1.3)
1.3 This Statement of Licensing Policy sets out the Authority’s requirements for premises to be licensed as sex establishments within the meaning of the Act. The information contained in the appendices and referred to within this policy should be read as an inclusive part of this policy document. The Policy was formally adopted by Strategy and Resources Committee on TBC.
1.4 This Policy will be reviewed every five years. The Authority may review the Policy earlier at its discretion or if required by any legislative changes.
1.5 The Authority does not take a moral standpoint in publishing this Policy. The Authority recognises that Parliament has made it lawful to operate a sex establishment, and that such businesses are a legitimate part of the retail and leisure industries. The Authority’s role as the licensing authority is to regulate licensed premises in accordance with the law and Government guidance.
1.6 The Authority may depart from the guidelines set out in this Policy but will only do so in exceptional circumstances where there are compelling and justifiable reasons. The Authority will give a full explanation for any such departure from policy.
1.7 The Authority may from time to time exercise its powers under section 115 of the Crime and Disorder Act 1998 to exchange data and information with the police and other partners to fulfil its statutory objective of preventing and reducing crime in the area.
1 See Glossary for definition Page4 154 Agenda Item 13 Appendix A 2. The Geographical Area
2.1 In being largely rural in character, and an area of outstanding natural beauty, North Devon, in common with other parts of Devon, has much to offer its residents and visitors. The holiday and entertainment industries, therefore, are major contributors to the economy of the district, with 50,000 visitors being accommodated in the area at peak times.
2.2 North Devon is 108,590 hectares (419 square miles) in size, and has an estimated resident population of 95,4001, comprised of 45,7662 households. Of those residents 46,800(1) are male and 48,600(1) are female. With individuals aged 16 to 64 estimated to number 55,200(1).
2.3 Almost half of the population lives in, or close to, Barnstaple, whilst there are smaller concentrations of population at Braunton, Ilfracombe and South Molton. Holiday locations such as Croyde and Woolacombe have national and international renown.
2.4 Despite the popularity and benefits of the area, however, the median gross annual pay for employees in full or part time employment (not including self-employed) in North Devon for 2016 is £17,565(3) some £5,519(3) below the median for all employees in the UK. The rate of unemployment is 2.3%(4) , which is 2%(4) lower than the national average. .
3. Consultation
3.1 Consultation on this draft Policy took place between 01/05/2014 and 26/06/2014. Consultation was conducted with statutory authorities, local residents and other relevant organisations.
The Act is not prescriptive about how the local authority should consult local people. Consultation should be fair and meaningful and local authorities should seek to make any relevant information available to local people in order to inform their understanding (Home Office Guidance 2.20).
Data Sources 1. 2017 Population estimates published by Office for National Statistics 2. NDC Figure 09.09.2018 3. 2017 Office for National Statistics population estimate 4. April 2017 to March 2018 Office for National Statistics annual population survey Page5 155 Agenda Item 13 Appendix A
Page6 156 Agenda Item 13 Appendix A 4 Licensing Objectives
4.1 The Act does not prescribe any licensing objectives. However, this Authority believes it is desirable, in the interests of clarity and transparency, to define the key objectives which will underpin the regulation of sex establishments in its District. The objectives are:
to prevent sex establishments from causing crime, harm or nuisance to the public; to ensure that sex establishments are located in areas where they will not have an adverse impact on the local community and amenities; to protect performers; to promote equality in sex establishment licensing.
4.2 The Authority will attach the greatest importance to the promotion of the licensing objectives when determining applications and regulating licensed premises.
5 Integration with other Policies
5.1 The Authority will endeavour to apply this Policy in a way which is consistent with other relevant policies/strategies.
5.2 Whilst this Policy stands alone, sex establishments may often require other consents in order to provide other facilities. In particular, applicants wishing to sell alcohol and/or provide regulated entertainment or late night refreshment are advised to have regard to this Authority’s Statement of Licensing Policy which sets out licensing requirements for those activities. The Policy can be viewed at www.northdevon.gov.uk/licensing
6. The Licensing Function
6.1 This Policy sets out the general principles the Authority will apply when determining applications for licences for sex establishments. It explains the application process and provides information on what is expected of applicants. It also explains the procedure for making objections to licence applications.
6.2 In discharging its licensing function, the Authority will have regard to:
The Local Government (Miscellaneous Provisions) Act 1982 Crime and Disorder Act 1998 (in particular s.17) The Licensing Act 2003 The Human Rights Act 1998 The Policing and Crime Act 2009 (s.27) the Provision of Services Regulations 2009 the Regulators’ Compliance Code the current Safer North Devon Community Safety Strategy the Authority’s Corporate Plan the Authority’s Licensing Enforcement Policy Home Office Guidance: Sexual Entertainment Venues (March 2010)
(Reference to legislation shall include any amendment, extension, application or re-enactment and includes any subordinate laws for the time being in force made under them and all orders, notices, codes of practice and guidance made under them).
6.3 At the time of drafting this policy, this Authority has no licensed sex establishments and no premises likely to fall within the definition of a sexual entertainment venue.
Page7 157 Agenda Item 13 Appendix A 7. Number and Location of Licensed Premises 7.1 The Authority recognises that, by virtue of s.12 (4) of Schedule 3 to the Act, it can limit the number of sex establishments in any locality within its District. That number may be nil. The Authority has not chosen not to set a limit and will therefore determine each application on its merits having regard to the likely impact on any given locality.
7.2 Whilst the Authority has not imposed a limit on the number of premises that may be licensed in any locality, the Authority will not license premises in proximity to:
(a) a residential area; (b) premises, areas (or access routes to premises or areas) which are designed for or attract children or families, such as leisure centres, schools, play areas, parks, children’s centres, youth clubs, nurseries or other similar establishments; (c) a place of public religious worship; (d) historic buildings; (e) cultural facilities (e.g. museums, art galleries, libraries); (f) educational establishments; (g) any premises which caters for, or is used by vulnerable children or adults (h) community facilities and public buildings (including hospitals and medical centres); (i) any area which is focus for tourist activity; (j) an area designated for social or economic regeneration; (k) an area with a history of significant crime or social difficulties.
8. Exempt Premises 8.1 The following are not sexual entertainment venues for the purposes of this Policy:
sex cinemas and sex shops2; premises at which the provision of relevant entertainment3 is such that:
(i) there have not been more than eleven occasions on which relevant entertainment has been so provided which fall (wholly or partly) within the period of 12 months; (ii) no occasion has lasted for more than 24 hours; and (iii) no occasion has begun within the period of one month beginning with the end of any previous occasion on which relevant entertainment has been so provided. 8.2 For the purposes of this policy, relevant entertainment is provided if, and only if, it is provided, or permitted to be provided, by or on behalf of the organiser4 before an audience and involves partial or full nudity5.
9. The Licensing Process
9.1 Making an Application
9.1.1 Whilst not a legal requirement, the Authority will normally expect that applications for licences for permanent commercial premises should be from businesses with planning consent for the property concerned.
9.1.2 The Authority expects that applicants will consult local residents, businesses and/or community groups in the vicinity of the premises so far as is reasonably practicable prior to submitting a formal application.
2 See Glossary for definitions 3 See Glossary for definition 4 See Glossary for definition 5 See Glossary for definition Page8 158 Agenda Item 13 Appendix A
9.1.3 Applicants are advised to have regard to the Authority’s standard licence conditions for sex establishments in order to ascertain the operational standards expected and the types of controls typically required (see Appendix B).
9.1.4 Applications must state the full address of the premises to be licensed. Applications in respect of a vehicle, vessel or stall must also state where it is to be used as a sex establishment.
9.1.5 Applications should be made in accordance with the procedures set out at Appendix C. Application forms can be downloaded from the Authority’s web-site, completed online or are available upon request to the Licensing Team.
9.1.6 An application form and relevant documentation for the new licence, renewal, variation or transfer must be completed and returned with the appropriate fee as prescribed in the Authority’s Schedule of Fees and Charges.
9.2 Objections to Applications
9.2.1 Any person may make an objection to an application for a sex establishment licence. Objectors do not have to live in the vicinity of the premises and may include residents, residents’/tenants’ associations, community associations, and trade associations. Councillors and MPs may also raise objections. Elected councillors of this Authority may represent interested parties, provided they do not also sit on the Licensing Sub-Committee determining the application in question. The police are a statutory consultee for all applications.
9.2.2 Persons objecting to an application must state the grounds on which the objection is made. Objections should:
be made in writing; indicate the name and address of the person or organisation making the representation; indicate the premises to which the objection relates; indicate the proximity of the premises to the person making the representation.
9.2.3 Objections may only be made within the period of 28 days following the date on which the application was given to the Licensing Authority.
9.2.4 The Licensing Authority will not normally consider any objection that does not contain the name and address of the person making it. However, names and addresses of persons making representations will not be disclosed except with their written permission.
9.2.5 Objections that are repetitious, frivolous or vexatious will be disregarded. A frivolous objection is generally taken to be one that is lacking in seriousness. A vexatious objection is generally taken to be one which is repetitive, without foundation or made for some other reason such as malice.
9.2.6 The Authority will not accept objections made on moral grounds.
9.2.7 Where objections are made and accepted, the Licensing Authority will provide copies to the applicant.
9.3 Determination of Applications
9.3.1 The powers of the Licensing Authority under the Act may be carried out by the Licensing and Community Safety Committee or by a sub-Committee of the Licensing and Community Safety Committee.
Page9 159 Agenda Item 13 Appendix A
9.3.2 When determining a licence application, the overriding principle adopted by this Authority will be that each application will be determined on its merits. The Authority will have regard to the relevant legislation, supporting regulations, guidance issued by the Home Office and this Statement of Licensing Policy.
9.3.3 When determining applications, the Licensing Authority will take account of any comments made by the Chief Officer of Police and any relevant objections.
9.3.4 Where no objections are received, the application will be granted on the terms applied for, subject to any conditions imposed by the Licensing Authority. Where relevant objections are received and not withdrawn, the application will be determined at a hearing6 before a Licensing sub-Committee. This will normally be held within 20 working days of the end of the period during which objections may be made. The sub-Committee will give clear reasons for its decision. The Authority has established its own hearing procedures as provided for under the Licensing Act regulations and these are included at Appendix D.
9.3.5 The names and addresses of objectors will not be disclosed to applicants or published in public reports without the objector’s consent. Such details will only be made available to Councillors sitting on the Licensing Sub-Committee.
9.3.6 The grant of a licence does not exempt applicants from obtaining permissions or authorisations required under any legislation, byelaw, order or regulation other than Schedule 3 of the Act.
9.4 Licence Conditions
9.4.1 The Authority has the power to make regulations prescribing standard conditions which may be applied to a licence for a sex establishment. The standard conditions which this Authority will attach to a licence are shown at Appendix B. Where it is reasonable and necessary, the Authority may modify these conditions or attach additional conditions to a licence.
9.4.2 Conditions will generally relate to matters falling within the control of the licence holder and may include:
the opening and closing hours of the premises displays or advertisements on or in the premises the visibility of the interior of sex establishments to passers-by any change of a sex cinema to a sex shop or a sex shop to a sex cinema
together with any other matters which the Authority considers relevant to the application.
9.4.3 Conditions will be appropriate, reasonable and proportionate and will be tailored to individual premises having regard to the need to promote the Authority’s licensing objectives.
9.5 Refusal of Licences
9.5.1 Except where the Authority are prohibited from granting, renewing, varying or transferring a licence, the Authority will not refuse a licence without first:
Notifying the applicant or holder of the licence in writing of the reasons; Giving the applicant or holder of the licence the opportunity of appearing and making representations before a Licensing Sub Committee.
6 See Glossary Page10 160 Agenda Item 13 Appendix A 9.5.2 Mandatory Grounds for Refusal (s.12(1))
The Act requires the Authority to refuse to grant or transfer a licence to:
(a) A person under the age of 18; (b) A person who is for the time being disqualified from holding a licence; (c) A person who is not resident in an EU state or was not so resident throughout the period of 6 months immediately preceding the date upon which the application was made; (d) A body corporate which is not incorporated in an EU state; or (e) A person who has, within the period of 12 months immediately preceding the date upon which the application was made, been refused the grant or renewal of a licence for the premises, vehicle, vessel or stall in respect of which the application is made, unless the refusal has been reversed on appeal.
9.5.3 Discretionary Grounds for Refusal (s.12(2 & 3))
An application for grant or renewal of a licence may be refused on one or more of the following grounds:
(a) that the applicant is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reason (see 9.5.5); (b) that if the licence were to be granted, renewed or transferred the business to which it relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant, renewal or transfer of such a licence if he made the application himself; (c) that the number of sex establishments in the relevant locality that the application is made is equal to or exceeds the number which the Authority considers is appropriate for that locality (nil may be an appropriate number for these purposes). (d) that the grant or renewal of the licence would be inappropriate having regard to:
the character of the relevant locality7; the use to which any premises in the vicinity are put; or the layout, character or condition of the premises, vehicle, vessel or stall in respect of which the application is made.
9.5.4 When considering discretionary grounds for refusal under s.12(3)(d) of the Act, the Authority may take into consideration the following factors:
the type of activity and the proposed hours of operation the likelihood of any adverse impact arising as a result of a licence being granted for a premises in a locality where there are already existing sex establishments crime and disorder issues the likelihood of any noise or disturbance being caused by the premises the type and character of other businesses in the locality the physical structure, condition and appearance of the premises (see Appendix B).
9.5.5 Suitability of Applicant
When determining whether an applicant is a suitable person to hold a licence, the Authority may take into consideration the following factors:
the honesty and integrity of the applicant any convictions, cautions or offences8
7 See glossary 8 The Authority will require applicants and any company directors and/or manager of the premises to provide a Basic Criminal Disclosure or the results of a Subject Access Request with their application (see Appendix C). Page11 161 Agenda Item 13 Appendix A the operation of existing or previous licences held by the applicant and their track record of compliance the experience and knowledge of the type of sex establishment the applicant intends to operate the applicant’s ability to comply with the Authority’s licensing requirements and to minimise the impact of the business on local residents and businesses any reports about the applicant received from the police or any other reputable source the managerial competence of the applicant evidence of robust management structure, policies and procedures clearly setting out how the premises will be operated to promote the Authority’s licensing objectives policies for the protection and welfare of performers evidence that the applicant has appropriate measures in place to protect the public (e.g. transparent charging, freedom from solicitation etc.)
9.6 Revocation of Licences
9.6.1 The Authority may revoke a licence:
on any of the mandatory grounds specified in paragraph 9.5.2; and on either of the discretionary grounds specified in paragraph 9.5.3 (a) and (b).
9.6.2 The Authority will not revoke a licence without first giving the holder of the licence the opportunity of appearing and making representations before a Licensing Sub Committee.
9.7 Duration of Licences
9.7.1 Licences will generally be issued on an annual basis but can be issued for a shorter term if deemed appropriate.
9.7.2 Where the Authority is satisfied that it is necessary for the purposes of winding up the estate of a deceased licence holder, it may extend the term of the licence (normally for three months or such other period the Authority considers appropriate).
9.8 Cancellation of Licences
9.8.1 The licence-holder may surrender the licence at any time and may request the Authority in writing to cancel the licence.
9.8.2 In the event of the death of the licence-holder, the licence will be deemed to have been granted to his personal representatives and will remain in force for three months from the date of death, unless previously revoked.
9.9 Appeals
9.9.1 Section 27 of the Act provides for appeals against the decisions of the Authority. An appeal must be made to the local magistrates’ court within 21 days of the date of the Licensing Authority’s decision.
9.9.2 An appeal may be made in the following circumstances:
refusal of an application for the grant, renewal or transfer of a licence. refusal of an application to vary terms, conditions, or restrictions on or subject to which any licence is held. a grievance relating to any term, condition or restriction on or subject to which a licence is held.
Page12 162 Agenda Item 13 Appendix A revocation of a licence.
9.9.3 There is no right of appeal for objectors. There is a right of appeal against refusal on mandatory grounds, only where the appellant alleges the ground did not apply to them. There is no right of appeal against refusal on the grounds that there are sufficient sex establishments in the locality or that the grant of a licence would be inappropriate having regard to the character of the locality, use of premises in the vicinity and the layout, character, condition and location of the premises.
9.9.4 A person wishing to appeal against a decision of the Authority about a sex establishment is strongly advised to seek legal advice prior to commencing any action in a court of law.
10. Waiver
10.1 Section 7(4) of the Act allows the Authority to waive the requirement for a licence where it considers this would be unreasonable or inappropriate.
10.2 The test of what might be considered ‘unreasonable’ or ‘inappropriate’ will be made on the facts of each individual case but may include:
minor or temporary events (e.g. sale of sex articles at a trade show or exhibition); events where the provision of sex articles is incidental or ancillary to the event itself; a one-off screening of an erotic or sexually explicit film at a cinema (subject to BBFC film classification criteria).
10.3 The Authority may grant a waiver for such period as it sees fit and may terminate the waiver by giving 28 days notice in writing.
11 Enforcement and Complaints
11.1 Where possible, the Authority will give early warning to licence holders of any concerns about problems at a particular premises and of the steps required for improvement.
11.2 The Authority will have regard to the Regulators’ Compliance Code and the Better Regulation Delivery Office’s five Principles of Good Regulation. The Authority will carry out its regulatory functions in a fair, open and consistent manner.
11.3 Enforcement will also be carried out in accordance with the Authority’s Licensing Enforcement Policy which sets out clear standards and procedures. Enforcement will be:
proportionate - action will be commensurate with the offence accountable - action will be justifiable and subject to public scrutiny consistent - action will be fairly and equitably applied transparent - the reasons for action will be clearly explained targeted - action will be based on risk
11.4 Where possible and appropriate the Authority will give early warning to licence holders of any concerns about problems identified at premises and of the need for improvement
11.5 The Authority recognises the interests of both residents and businesses and will work closely with partners, to assist licence holders to comply with the law and any conditions attached to the licence. However, action will be taken against those who commit serious offences, persistently break the law or fail to comply with conditions of the licence.
Page13 163 Agenda Item 13 Appendix A 11.6 Complaints about licensed premises should be made in writing and addressed to: Lead Officer Licensing, Environmental Health and Housing, North Devon Council, Lynton House, Commercial Road, , Barnstaple, Devon, EX31 1DG or e-mailed to [email protected]
12 Equality and Human Rights Issues
12.1 In developing this policy, the Authority recognises its responsibilities under the Equality Act 2010,to consider the need to eliminate unlawful discrimination and to promote equal opportunities. The Policy therefore supports and is supported by North Devon and Torridge District Council’s Joint Inclusive Equality Scheme and any equality issues will be addressed in an Equality Impact and Needs Assessment.
12.2 The Human Rights Act 1998 incorporates the European Convention on Human Rights and makes it unlawful for a local authority to act in a way that is incompatible with a convention right. The Authority will have regard to the Human Rights Act when exercising its licensing functions.
12.3 Conditions relating to disabled access will not be attached to licences, as this would duplicate existing statutory requirements. The Authority therefore takes this opportunity to remind applicants and licensees of their duties under the Equality Act 2010 and encourages individuals to provide adequate and appropriate facilities to enable the admission of disabled people.
Page14 164 Agenda Item 13 Appendix A APPENDIX A – Glossary of Definitions
‘Hearing’ – quasi-judicial arrangement for determination of applications before a Licensing sub-Committee. This will consist of a ‘bench’ of three councillors drawn from the Council’s Licensing and Community Safety Committee. The hearing will normally take place in public in accordance with the Authority’s established procedures (see Appendix D)
‘Nudity’ - in the case of a woman, exposure of her nipples, pubic area, genitals or anus; in the case of a man, exposure of his pubic area, genitals or anus.
‘Organiser’ - person who is responsible for the organisation or management of the relevant entertainment or the premises.
‘Relevant entertainment’ - any live performance or live display of nudity which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means). An audience includes an audience of one.
‘Relevant locality’ – the Act does not define relevant locality but, for the purposes of this policy, the Authority, when determining relevant locality, may consider the following matters:
o any area with a statutorily defined boundary (e.g. a parish or ward) o an area with a natural boundary such as a river or major road o a clearly defined area of a town such as a recognised retail/shopping centre o a clearly defined residential area or housing development o a business park or industrial estate
Each case will be considered individually.
‘Sex Establishment’ is defined under the Act as a ‘sex shop’, a ‘sex cinema’ or a ‘sexual entertainment venue’. It includes any premises, vehicle, vessel or stall used as a sex establishment but does not include a private dwelling to which the public are not admitted.
‘Sex Shop’ - any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating:
a) sex articles; or b) other things intended for use in connection with, or for the purpose of stimulating or encouraging sexual activity; or acts of force or restraint which are associated with sexual activity.
‘Sex Article’ - anything made for use in connection with, or for the purpose of stimulating or encouraging:
a. sexual activity; or b. acts of force or restraint which are associated with sexual activity;
or any of the following:
a) any article containing or embodying matter to be read or looked at or anything intended to be used, either alone or as one of a set, for the reproduction or manufacture of any such article; and
b) any recording of vision or sound, which: (i) is concerned primarily with the portrayal of, or primarily deals with or relates to, or is intended to stimulate or encourage, sexual activity or acts of force or restraint which are associated with sexual activity;
Page15 165 Agenda Item 13 Appendix A (ii) is concerned primarily with the portrayal of, or primarily deals with or relates to genital organs or urinary or excretory functions.
‘Sex Cinema’ - any premises, vehicle, vessel or stall used to a significant degree for the exhibition of moving pictures, by whatever means produced, which:
(a) are concerned primarily with the portrayal of, or primarily deal with or relate to, or are intended to stimulate or encourage: (i) sexual activity; or (ii) acts of force or restraint which are associated with sexual activity;
(b) are concerned primarily with the portrayal of, or primarily deal with or relate to, genital organs or urinary or excretory functions, but does not include a dwelling-house to which the public is not admitted.
‘Sexual entertainment venue’ - any premises at which relevant entertainment is provided before a live audience for financial gain of an organiser. For the purposes of the Act it does not matter whether the financial gain arises directly or indirectly from the performance or display of nudity.
‘Vessel’ includes any ship, boat, raft or other apparatus constructed or adapted for floating on the water.
Page16 166 Agenda Item 13 Appendix A APPENDIX B
STANDARD CONDITIONS APPLICABLE TO LICENCES FOR SEX ESTABLISHMENTS
These Conditions are made by North Devon District Council under paragraph 13(1) of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) and come into effect on 03/02/2015
The Conditions are divided into five parts as follows:
Part I Definitions and Interpretation
Part 2 Conditions applying to all premises
Part 3 Conditions applying to Sex Shops
Part 4 Conditions applying to Sex Cinemas
Part 5 Conditions applying to Sexual Entertainment Venues
PART I DEFINITIONS AND INTERPRETATION
1.1 In these Regulations the following expressions shall have the following meanings:
i) “Act” means the Local Government (Miscellaneous Provisions Act) 1982.
ii) “Approval or consent of the Council” means approval or consent of the Council in writing.
iii) “Authorised Officer” means an officer of the Council authorised in writing to undertake duties under the provisions of the Local Government (Miscellaneous Provisions) Act 1982.
iv) “Premises” means a building or part of a building and any forecourt yard or place of storage used in connection with a building or part of a building which is the subject of a licence for a sex establishment granted under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982.
v) “Relevant Entertainment” means any live performance or live display of nudity which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of an audience (whether by verbal or other means).
vi) “Sex establishment”, “Sex Cinema”, “Sex Shop”, “Sex Article” and “Sexual Entertainment Venue” have the meanings ascribed to them in Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982.
vii) “The Council” means North Devon District Council.
1.2 The grant of a licence for a sex establishment shall not be deemed to convey any approval or consent which may be required under any other legislation, order or regulation other than Schedule 3 of the Act.
1.3 The Council reserves the right to add to, modify or dispense with these conditions.
Page17 167 Agenda Item 13 Appendix A 1.4 All applications for modification or dispensation of these conditions shall be made in writing and shall state the reasons why it is desired to modify or dispense with these conditions.
1.5 Premises licensed as a Sex Shop, Sex Cinema or Sexual Entertainment Venue shall be used only for the purposes for which the licence was granted and shall not be used, wholly or in part, for any other purposes specified in Schedule 3 of the Act.
PART 2 CONDITIONS APPLYING TO ALL PREMISES
2.1 Exhibition of Licence
2.1.1 A copy of the licence and these conditions will be displayed in a prominent place on the premises where they can easily be seen and read by the public.
2.2 Times of Opening
2.2.1 A sex establishment will only be open to the public on the days and hours specified in the licence.
2.2.2 The premises shall not open on Sundays or any Bank Holidays or any public holidays without the prior consent of the Council.
2.3 Condition, Layout and External Appearance of the Premises
2.3.1 The premises must be maintained in accordance with the plan submitted with the application and approved by the Council. Alterations to the premises will not be permitted without the prior consent of the Council and may require an application to vary the licence under s.18 of the Act.
2.3.2 All parts of the premises shall be kept in good repair and in a clean condition to the satisfaction of the Council.
2.3.3 The number, size and position of all doors, openings or means of access shall comply with the following requirements:
(i) All such doors or openings shall be clearly indicated on the inside by the word “exit”/graphic type. (ii) Doors and openings which lead to parts of the premises to which the public are not permitted to have access shall have notices placed over them marked, “private”. (iii) Save in the case of emergency, no access shall be permitted through the premises to any adjacent premises.
2.3.4 The external doors to the premises shall be fitted with a device to provide for their automatic closure and such devices shall be maintained in good working order.
2.3.5 No sign, notice, advertisement, display or image or anything of a similar nature must be displayed outside the premises without the prior approval of the Council.
2.3.6 The entrances to the premises shall be constructed in such a way and of a material or covered with a material which will prevent passers by from seeing the interior of the premises.
2.3.7 Windows and openings to the premises other than entrances shall be of a material or covered with a material which will prevent passers by from seeing the interior of the premises.
2.4 Alterations, Additions and Change of Use
Page18 168 Agenda Item 13 Appendix A 2.4.1 No change of use of any part of the premises from that approved by the Council shall be made without the prior consent of the Council and Devon and Cornwall Constabulary.
2.4.2 No change of use of the premises for any purpose specified in Schedule 3 of the Act will be permitted without the prior consent of the Council and Devon and Cornwall Constabulary.
2.4.3 Alterations or additions either internal or external and whether permanent or temporary to the structure, lighting or layout of the premises must not be made without the prior consent of the Council.
2.5 Closed Circuit Television (CCTV)
2.5.1 A CCTV system shall be installed and maintained to the satisfaction of Devon and Cornwall Constabulary and the Council.
2.5.2 The CCTV shall cover all entrances and exits to the premises and all internal areas open to the public. The system must be installed and fully operational before the premises opens to the public.
2.5.3 All cameras shall continually record whilst the premises are open to the public and all recordings shall be retained for at least 30 days and made available on request by the police or by an authorised officer.
2.6 Management of the Premises
2.6.1 The licence holder and all staff at the premises must be fully aware of and conversant with the conditions of the licence.
2.6.2 The licence holder shall maintain good order in the premises at all times when it is open to the public.
2.6.3 The licence holder shall take all reasonable precautions for the safety of the public and employees and must retain effective control over all parts of the premises.
2.6.4 The licence holder (or a responsible person aged 18 years or over nominated by him in writing in his absence) shall be in charge of and remain on the premises during the whole time they are open to the public. Such nomination shall be made available for inspection on request by the police or by an authorised officer. The person in charge shall not be engaged on any duties which will prevent him from exercising general supervision of the premises and he/she shall be assisted as necessary by suitable adult persons.
2.6.5 The licence holder or the responsible person shall maintain a daily register to be kept on the premises in which there shall be recorded the names and addresses of those employed in the sex establishment. The register is to be completed each day prior to the sex establishment opening for business and must be made available for inspection on request by the police or by an authorised officer.
2.6.6 The licence holder shall ensure that during the hours the sex establishment is open for business every employee (with the exception of performers whist performing relevant entertainment) wears a badge of a type to be approved by the Council bearing the photograph of the employee and indicating his name and that she/he is an employee.
2.6.7 A notice showing the name of the person responsible for the management of the sex establishment must be prominently displayed within the premises throughout the period during which he/she is responsible for its management.
Page19 169 Agenda Item 13 Appendix A 2.6.8 Where the licence holder is a body corporate or an unincorporated body, any change of director, company secretary or other person responsible for the management of the body is to be notified in writing to the Council within 7 days of such change.
2.6.9 The licence holder shall ensure that no part of the premises is used by prostitutes (male or female) for the purposes of soliciting or any other immoral purposes. ‘Soliciting’ includes the distribution of leaflets.
2.6.10 The licence holder, employee or any other person shall not seek to obtain custom by means of personal solicitation outside or in the vicinity of the premises.
2.6.11 The licence holder shall ensure that the public are not admitted to any part or parts of the premises other than those which have been approved by the Council and are so designated on the plan of the premises.
2.7 Admission to the Premises
2.7.1 No person under the age of 18 shall be admitted to the premises, employed in the business of the sex establishment, or permitted to work in the premises on a self-employed basis.
2.7.2 At each entrance to the premises there shall be prominently displayed a notice prohibiting entry to all persons under 18 years of age. A notice must also be prominently displayed at the entrance stating that any person suspected of being under 25 years of age will be required to produce valid photographic identification that they are over 18 years of age.
2.7.3 The licence holder or responsible person shall ensure that all persons employed on the premises are aware of the age restriction on clients and that they exclude or remove from the premises any person attempting to evade the restriction.
2.7.4 The licence holder must maintain a Refusals Log to record any occasion when a person is refused entry to the premises. The Log will be made available on request by the police or by an authorised officer.
2.7.5 Any person who appears to be drunk/intoxicated or under the influence of illegal drugs must not be admitted to the premises.
2.7.6 Police officers, authorised officers and officers of other authorised agencies shall be admitted immediately at all reasonable times and at any time the premises are open for business.
PART 3 CONDITIONS APPLYING TO SEX SHOPS
3.1 All sex articles and other things displayed for sale, hire, exchange or loan within a sex shop shall be clearly marked to show the price charged.
3.2 All printed matter offered for sale, hire, exchange or loan shall be available for inspection prior to purchase, hire, exchange or loan and a notice to this effect is to be prominently displayed within the premises.
3.3 No film shall be sold or supplied unless it has (a) been passed by the British Board of Film Classification and bears a certificate to that effect or (b) approved by the Council and is a reproduction authorised by the owner of the copyright of the film so certified.
3.4 No moving picture or display or recorded sound of any description however provided shall be permitted on the premises except for a period necessary to check a recording for fault by the licence holder or for a period of not more than one minute for the sole purpose of demonstrating it to a prospective purchaser or hirer of the article in question and such display shall be in a booth to which there shall only be permitted the prospective purchaser or hirer and any one person employed by the licence holder to sell or hire such articles. The licence Page20 170 Agenda Item 13 Appendix A holder must not make any charge or permit any charge to be made for such a display as mentioned in this condition.
3.5 All refuse produced on the premises and materials, goods or articles discarded for any reason shall be securely stored within the premises and delivered in sealed containers to the designated refuse collection point.
3.6 The licence holder shall make such provision for the reception of goods and articles for sale, hire or display on the premises so that they are received directly into the premises and not subject to storage for any period of time outside the premises on any pavement, footpath, forecourt or yard.
Part 4 CONDITIONS APPLYING TO SEX CINEMAS
4.1 Film Categories
The categories U, PG, 12, 15, 18 and RESTRICTED 18 have the following effect:
U Universal.- Suitable for all PG Parental Guidance. Some scenes may be unsuitable for young children. 12 Passed only for persons of 12 years and over. 15 Passed only for persons of 15 years and over. 18 Passed only for persons of 18 years and over. RESTRICTED (18) The ‘R18’ category is a special and legally restricted classification primarily for explicit works of consenting sex or strong fetish material involving adults. Films may only be shown to adults in specially licensed cinemas, and video works may be supplied to adults only in licensed sex shops. ‘R18’ videos may not be supplied by mail order.
4.2 Exhibition of Films
4.2.1 No film shall be exhibited at the premises unless it has been passed by the British Board of Film Classification as a U, PG, 12, 15, 18 or RESTRICTED 18 film and no notice of objection to its exhibition has been given by the Council; or it has been passed by the Council as a U, PG, 12, 15, 18 (North Devon) film.
4.2.2 A representation or written statement of the terms of any certificates given by the British Board of Film Classification shall be shown on the screen immediately before the showing of any film to which it relates and the representation or statement shall be shown for long enough and in form large enough for it to be read from any seat in the auditorium.
4.2.3 Where the Council has given notice in writing to the licence holder of the premises prohibiting the exhibition of a film on the ground that it contains material which, if exhibited, would offend against good taste or decency or would be likely to encourage or incite to crime or to lead to
Page21 171 Agenda Item 13 Appendix A disorder or to be offensive to public feeling, that film shall not be exhibited in the premises except with the prior consent in writing of the Council.
4.2.4 No film in the 'RESTRICTED 18' category may be exhibited in a multi-screen complex whilst persons under 18 are being admitted to any other performance in the complex.
4.2.5 When the programme includes a film in 'RESTRICTED 18, category the Licence holder shall display in a conspicuous position at each entrance to the premises a notice in clear letters in the following terms:
“PERSONS UNDER 18 CANNOT BE ADMITTED TO THIS CINEMA FOR ANY PART OF THE PROGRAMME".
4.2.6 The licence holder shall display at each entrance to the premises in a prominent position where it can be easily seen and read a timetable of the films on exhibition. In case of a multi- screen complex, where consent has been granted, the notice shall specify the particular part of the premises in which films in the 'RESTRICTED 18' category are being exhibited.
4.2.7 When exhibiting a ‘RESTRICTED 18’ film, the timetable of films must include the following addition to the category shown:
‘RESTRICTED 18’: “PASSED ONLY FOR PERSONS OF 18 YEARS AND OVER. THIS FILM IS LIKELY TO CONTAIN EXPLICIT WORKS OF CONSENTING SEX OR STRONG FETISH MATERIAL INVOLVING ADULTS.”
4.2.8 All individuals wishing to view a film in the ‘RESTRICTED 18’ category shall provide proof of age. The only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or ID card bearing the PASS hologram.
4.3 Advertisements
4.3.1 No advertisement displayed at the premises of a film to be exhibited at the premises shall depict any scene or incident which is not included in the film as certified by the British Board of Film Classification or approved for exhibition by the Council.
4.3.2 Where the Council has given notice in writing to the licence holder of the premises objecting to an advertisement on the ground, that, if displayed, it would offend against good taste or decency or be likely to encourage or incite to crime to lead to disorder or to be offensive to public feeling, that advertisement shall not be displayed at the premises except with the prior consent of the Council.
4.4 Sale of Sex Articles
No sex articles or other things intended for use in connection with, or for the purpose of stimulating or encouraging sexual activity or acts of force or restraint which are associated with sexual activity shall be displayed, sold, hired, exchanged, loaned or demonstrated in a sex cinema.
PART 5 CONDITIONS APPLYING TO SEXUAL ENTERTAINMENT VENUES
5.1 Performances of Relevant Entertainment
5.1.1 Relevant entertainment shall take place only in the areas approved by the Council and so designated on the approved plan.
Page22 172 Agenda Item 13 Appendix A 5.1.2 There shall be no private booths or performing areas provided on the premises.
5.1.3 There shall be a written code of conduct for performers. All performers must comply with the code and a record, signed by the performers, must be kept on the premises and be made available on request by the police or by an authorised officer. The code shall include the following:
No performances shall include or simulate any sexual act, including any sex act with any other performer, the performer themselves, or persons in the audience or with the use of any object. Performers must not use any inappropriate, lewd, suggestive or sexually graphic language. Performers must not touch the breasts or genitalia of another performer, at any time as part of a performance. There shall be no use of sex articles (as defined by paragraph 4(3) of Schedule 3 of the Act) at any time. There shall be no physical contact between a performer and a customer except as permitted by the House Rules (see 5.2.1). Performers must not climb onto furniture provided for customers. Performers must not remain in a state of undress in any public area when they have completed their act. No performer must appear outside the premises in a nude or scantily-clad condition. At all times performers must keep a minimum distance of one metre away from customers.
5.2 House Rules
5.2.1 Prior to the opening of the premises, the licence holder must provide a copy of the premises’ House Rules to the Council and to Devon and Cornwall Constabulary for approval. The House Rules must include, as a minimum, the following:
No person under the age of 18 shall be permitted to view relevant entertainment. Physical contact with performers is not permitted. At all times customers will keep a minimum distance of one metre away from performers. No member of the audience shall throw money or otherwise give gratuities to the performers except as permitted above. No customer shall accept from or give to any performer or member of staff any telephone number or business card or note. Customers and staff will not be permitted to photograph, record, film or electronically transmit any performance. Customers must remain seated whilst watching a performance of relevant entertainment. Any customer behaving in a disorderly or inappropriate manner will be removed from the premises and may be excluded for such period as the licence holder considers appropriate.
5.2.2 On entry to the premises, each customer must be provided with a copy of the House Rules.
5.2.3 All performers and staff must be given a copy of the House Rules. They must sign and date a copy of the House Rules which must be retained on the premises and made available on request by the police or by an authorised officer.
5.2.4 A copy of the House Rules shall be displayed at all times in or near the performers' changing room(s) so that they can be easily read by the performers.
5.2.5 Copies of the House Rules will be prominently displayed throughout the premises in locations where they can be easily read by the public.
Page23 173 Agenda Item 13 Appendix A 5.2.6 Any changes or alterations to the House Rules must be submitted in writing for the approval of the Council.
5.3 Protection of Performers
5.3.1 Performers shall be aged 18 years or over. The applicant shall ensure that, prior to employment, all performers undertaking relevant entertainment provide documents proving that they are 18 years of age or over. Acceptable forms of identification are recognised photographic identification documents, such as a driving licence, passport or ID card bearing the PASS hologram. These documents must be copied and retained on the performer's file.
5.3.2 A record shall be maintained on the premises detailing the names and start and finish times of individual performers involved in all forms of relevant entertainment. The record will be made available on request by the police or by an authorised officer.
5.3.3 Performers shall be provided with secure and private changing facilities. Performers shall have direct access to changing facilities without being required to pass through or in close proximity to the audience.
5.3.4 No performer shall be allowed to work if, in the judgement of the management they appear to be drunk, intoxicated, or under the influence of illegal substances.
5.3.5 All entrances to private areas to which members of the public are not permitted access shall have clear signage stating that access is prohibited.
5.3.6 Any exterior smoking area for use by performers shall be kept secure and separate to any public smoking area.
5.3.7 The licence holder shall implement a written policy to ensure the safety of performers when leaving the premises after of work. The policy must be made available for inspection on request by a police officer or by an authorised officer.
5.3.8 No person other than performers and authorised staff shall be permitted in the changing room(s).
5.3.9 The charges for entrance and any compulsory purchases within the venue must be clearly displayed at every entrance to the premises.
5.3.10 All charges for products and services must be displayed prominently inside the premises and at each customer table and in any bar area.
5.4 Door Supervisors
5.4.1 All individuals employed on the premises to conduct security activity (within the meaning of paragraph 2(1) (a) of Schedule 2 to the Private Security Act 2001) must be licensed by the Security Industry Authority (SIA).
5.4.2 An adequate number of SIA licensed door supervisors shall be on duty on the premises whilst the premises is open to the public (actual numbers and locations to be agreed with Devon and Cornwall Constabulary and the Council)
5.4.3 All door supervisors shall wear clothing to differentiate themselves from other staff.
5.4.4 A policy of random searches of persons entering the premises shall be operated. Any person found to be in possession of illegal drugs upon entry shall be prevented entry and, where possible, restrained until the police can take such person into custody. Any person found using illegal drugs on the premises shall be removed from the premises, or where possible, restrained until the police can take such person into custody. Page24 174 Agenda Item 13 Appendix A 5.5 Sale of Sex Articles
No sex articles or other things intended for use in connection with, or for the purpose of stimulating or encouraging sexual activity or acts of force or restraint which are associated with sexual activity shall be displayed, sold, hired, exchanged, loaned or demonstrated in a Sexual Entertainment Venue.
5.6 Exhibition of Films
Films classified as ‘RESTRICTED 18’ must not be shown on the premises.
Page25 175 Agenda Item 13 Appendix A APPENDIX C Application Procedure for Grant, Variation, Transfer or Renewal of Licence for a Sex Establishment
Grant of a Licence
To apply for the grant of a sex establishment licence an applicant must: provide a completed application form; provide a scale plan of the premises to which the application relates; provide a criminal conviction certificate from Disclosure Scotland (issued under section 112(1)(a) of the Police Act 1997 or the results of a subject access search under the Data Protection Act 1998 of the Police National Computer conducted by the National Identification Service (this will apply to all partners and directors where appropriate); pay the current application fee (part refundable if a hearing is not required); display a notice on the premises or near the premises as agreed by the Council; advertise the application in a local newspaper; send a copy of the application and plan to the Chief Officer of Police, Licensing Department (East), Devon and Cornwall Police HQ, Middlemoor, Exeter, Devon, EX2 7HQ within 7 days of making the application to the council.
Plan of Premises
The plan shall show:
the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises; the location of points of access to and egress from the premises; the location of escape routes from the premises; in a case where the premises is to be used for more than one licensable activity, the area within the premises used for each activity; fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment; in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor; in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts; in the case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms; the location and type of any fire safety and any other safety equipment including, if applicable, marine safety equipment; and the location of any kitchen, bar or servery on the premises.
The plan may include a legend through which the matters mentioned or referred to above are sufficiently illustrated by the use of symbols on the plan.
Public notices A notice must be displayed at or on the premises to which the application relates for a period of not less than 21 consecutive days from the day following the day the application was given to the council, where it can be conveniently read from the exterior of the premises.
Where the premises cover an area of more than 50 square meters, a further identical notice must be displayed every 50 metres along the external perimeter of the premises abutting any highway.
The notice must be on pale blue paper sized A4 or larger and printed legibly in black ink or typed in black in a font size equal to or larger than 16.
The notice must state:
details of the application and activities that it is proposed will be carried on or from the premises, the full name of the applicant,
Page26 176 Agenda Item 13 Appendix A the postal address of the premises, or in the case where there is no postal address, a description of the premises sufficient to enable the location and extent of the premises to be identified, the date, being 28 days after that on which the application is given to the council, by which representations may be made to the council and that representations should be made in writing, that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine (£5000) for which a person is liable on summary conviction for the offence.
A similar notice must be published in a local newspaper within 7 days of giving the application to the council.
Variation of a licence
The holder of a licence may apply at any time for any variation of the terms, conditions or restrictions on or subject to which the licence is held.
The process of applying for a variation is the same as that for applying for an initial grant except that a plan of the premises is not required unless the application involves structural alterations to the premises.
Renewal of a licence
The holder of a licence may apply for renewal of the licence. In order for the licence to continue to have effect during the renewal process, a valid application together with the appropriate fee must be submitted before the current licence expires.
The process of applying for renewal of a licence is the same as that for applying for an initial grant except that a plan of the premises is not required.
Transfer of a licence
A person may apply for transfer of a licence at any time.
The process of applying for transfer of a licence is the same as that for applying for an initial grant except that a plan of the premises is not required.
Page27 177 Agenda Item 13 Appendix A APPENDIX D PROCEDURES FOR LICENSING SUB-COMMITTEE HEARINGS AND THE FORM OF DISCUSSION AT HEARINGS
The quorum for Sub-Committees shall be 3 and decisions may be taken by a majority vote. Abstentions will not be permitted and the Chair will not have a casting vote.
The Sub-Committee may specify a maximum period of time in which an applicant or any other person who is permitted to appear at the hearing may address the Sub-Committee.
The Sub-Committee may refuse to permit the giving of evidence that it considers to be irrelevant or repetitious.
The Sub-Committee may from time to time adjourn the hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.
Public Hearings
Hearings before the Sub-Committee are normally to be held in public. The exceptions to this rule are:
(i) Where the Sub-Committee decides that it is in the public interest for the public to be excluded from a particular hearing, or part thereof;
(ii) Where the Sub-Committee makes a resolution that the public and the press be excluded from the hearing, on the basis that either confidential or exempt information is likely to be disclosed. This includes the situation where there is a need for the Sub-Committee to obtain legal advice.
Rights of Parties
All parties have the following rights:
(i) to attend the hearing;
(ii) to have their representations considered by the Sub-Committee, even if unable or unwilling to attend the hearing;
(iii) to be assisted or represented by any person, whether legally qualified or not;
(iv) to give further information in support of their application, representation or notice, in response to a point upon which the authority has given notice to a party that it will want clarification;
(v) to address the Sub-Committee;
(vi) to exercise their rights within the hearing for an equal maximum time.
Further Opportunities for Parties
If granted permission by the Sub-Committee, parties may also:
(i) question any other party;
(ii) call any other person as a witness.
A request by a party to call a witness at the hearing may only be granted where the party has given prior notification of the request and details of the points on which that witness may be able to assist the Sub- Committee in considering the application.
Page28 178 Agenda Item 13 Appendix A Procedures at the Hearing
Subject to the right of the Sub-Committee to amend its procedures at any given hearing, the following procedures are to be followed at all hearings:
(i) The Chair welcomes those present to the meeting, and explains briefly the location of the facilities available for the public and the procedure in the event of there being a fire alarm;
(ii) The Chair of the meeting introduces the members of the Licensing Sub-Committee officiating, and the Officers of the Licensing Authority present and explains the role of those present on behalf of the Authority;
(iii) The Chair introduces the matter to be resolved, asks the parties to the hearing and their representatives to introduce themselves, and establishes that no members of the Sub Committee have a disclosable pecuniary or personal interest in the matter to be considered;
(iv) The Chair invites the Legal Officer to summarise the procedure to be followed at the hearing. The summary indicates that the hearing takes the form of a discussion led by the Sub- Committee, and cross-examination is not permitted unless the Sub-Committee considers it is necessary for it to consider the matter appropriately;
(v) If any party fails to attend the hearing, the Sub-Committee decides whether to adjourn the matter, or proceed in the party’s absence. If the decision is taken to proceed, the party’s written application or representation is taken into account;
(vi) The Sub-Committee decides whether to grant any written request made by any party for permission to call a witness at the hearing. Any request may not be unreasonably withheld;
(vii) The Chair invites the Environmental Health Officer (EHO) or Licensing Officer in attendance to outline the matter before the Sub-Committee, without such Officer making any recommendation as to the conclusion the Sub-Committee should reach;
(viii) The Applicant for the licence or variation presents their case, either personally or through a representative. The Applicant may give further information in support of the application, but only in response to a point upon which the Licensing Authority has given notice that it will want clarification;
(ix) Documentary evidence or other information produced by the Applicant may be considered, provided this has been produced prior to the hearing, or if not, with the consent of all the other parties. It may be necessary in some circumstances for the hearing to be put back until later in the day so that parties may consider additional information, which is produced at the hearing;
(x) Members of the Sub-Committee then question the Applicant. Questions should be directed through the Chair;
(xi) The Applicant calls any witnesses in support of their application, if the Sub-Committee under above has permitted this. The witnesses address the Sub-Committee, which may then ask any question of the witnesses through the Chair;
(xii) When the Applicant has completed the presentation of their case, the representatives of any responsible authorities who have made relevant representations address the hearing, and may be questioned by members of the Sub-Committee. Witnesses may be called by the responsible authorities where permitted by the Sub-Committee under (vi) above. Documentary or other information produced on behalf of the responsible authority may be considered, as indicated above at (ix);
(xiii) Thereafter, interested parties address the hearing, and members of the Sub-Committee may question them. Members of the Sub-Committee then question witnesses, who are permitted to be called under (vi) above in support of the submissions of the interested parties. Documentary or other information produced on behalf of an interested party may be considered, as indicated above at (ix);
(xiv) After the conclusion of the evidence, each party sums up their case, by addressing the Sub- Page29 179 Agenda Item 13 Appendix A Committee in the order in which they presented their case;
(xv) After each party has summed up, the Chair gives each party the opportunity to make any further comment, without introducing new material to the hearing;
(xvi) In deliberating as to its decision, the Sub-Committee is entitled to exclude the parties and the general public for any reason mentioned in paragraph 3. The most likely justification is the receipt of legal advice;
(xvii) Once a decision is reached, and the Sub-Committee is satisfied as to the terms in which the adjudication is to be delivered, the Chair invites the Licensing and Community Safety Committee Hearing Co-ordinator (LCHC) to read aloud the terms of the decision made, along with the reasons for such decision;
(xviii) The Chair thanks everyone for their contributions, and closes the meeting, or moves on to the next item on the agenda.
After the Hearing
Once the meeting of the Sub-Committee has been concluded the LCHC prepares minutes of the hearings, for approval by the EHO/Licensing Officer and Solicitor, within three working days.
The EHO/Licensing Officer issues a notice to all of the parties involved (whether present at the hearing or not), outlining the decision of the Sub-Committee, within three working days from receipt of the approved minutes.
Right of Appeal
Any such appeals must be commenced by notice of appeal given by the appellant to the Clerk to the Justices for North Devon Magistrates’ Court within the period of 21 days beginning with the date of receipt of the Hearing Decision Notice.
Page30 180 Agenda Item 15 By virtue of paragraph(s) 3 of Part 1 of Schedule 12A of the Local Government Act 1972.
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